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1 THE FIERBERG NATIONAL LAW GROUP, PLLC
DOUGLAS E. FIERBERG (admitted pro hac vice)
2 dfierberg@tfnlgroup.com
JONATHON N. FAZZOLA (admitted pro hac vice)
3 jfazzola@tfnlgroup.com
LISA N. CLOUTIER (admitted pro hac vice)
4 lcloutier@tfnlgroup.com
161 East Front Street, Suite 200
5 Traverse City, MI 49684
Telephone: (202) 351-0510
6 Fax: (231) 252-8100
7 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
8 labar@sawyerlabar.com
1700 Montgomery Street, Suite 2240
9 San Francisco, California 94111
Telephone: (415) 262-3820
10
Attorneys for Plaintiffs
11 DAPHNE BELETSIS
YVONNE RAINEY
12
13 SUPERIOR COURT OF CALIFORNIA
14 COUNTY OF SANTA CRUZ
15 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF
16 ALEXANDER BELETSIS, and NOTICE OF ENTRY OF ORDER
YVONNE RAINEY, surviving parent of
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ALEXANDER BELETSIS, deceased
18
Plaintiffs,
19 vs.
20 THETA CHI FRATERNITY, INC., et al.,
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Defendants.
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NOTICE OF ENTRY OF ORDER
1 TO ALL PARTIES AND ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on May 4, 2022, the Court entered an Order Granting the
3 Application and Stipulation for Order to Continue Trial, attached hereto as Exhibit A.
4
5 DATED: May 4, 2022 SAWYER & LABAR LLP
6 By:
Ivo Labar
7 THE FIERBERG NATIONAL LAW GROUP, PLLC
8 By:
Jonathon N. Fazzola (admitted pro hac vice)
9
Attorneys for Plaintiffs DAPHNE BELETSIS
10 and YVONNE RAINEY
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NOTICE OF ENTRY OF ORDER
EXHIBIT A
ELECTRONICALLY RECEIVED
5/2/2022 11:02 AM
SUPCV 1013
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
NAME: Ivo Labar (#203492), Jonathon N. Fazzola (PHV)*, Douglas E. Fierberg (PHV)*
ADDRESS: Sawyer & Labar LLP, 1700 Montgomery Street, Ste 108, San Francisco, CA 94111
CITY, STATE, ZIP: *Fierberg National Law Group, 161 E. Front St., Ste 200, Traverse City, MI
496
TELEPHONE NO: 415-262-3820
*231-933-0180 (Tel)
FAX NO. (Optional):
labar@sawyerlabar.com, jfazzola@tfnlgroup.com
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
701 Ocean Street, Room 110
Santa Cruz, CA 95060
Santa Cruz Branch
PLAINTIFF/PETITIONER: Daphne Beletsis, et al.
vs.
DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al.
CASE NUMBER:
APPLICATION AND STIPULATION FOR ORDER TO CONTINUE TRIAL
19CV03287
Must be filed 10 days before date set
FOR GOOD CAUSE as stated in the attached supporting declaration, the parties hereby stipulate to and apply for a
continuance of the:
Jury Trial/Court Trial Settlement Conference (if scheduled) Other Hearing: MSJs
and have provided proposed dates for continuance in the supporting declaration. Please provide current court dates
in order below:
SIGNATURES OF COUNSEL OR PARTY WITHOUT AN ATTORNEY:
Date: 4/29/2022
Attorney for Party without Attorney Plaintiff/Petitioner Defendant/Respondent
Date:
Attorney for Party without Attorney Plaintiff/Petitioner Defendant/Respondent
Additional signatures in Attachment “A”
ORDER
BASED ON THE STIPULATION OF THE PARTIES, THE SUPPORTING DECLARATION, AND FINDING GOOD CAUSE, THE
APPLICATION IS HEREBY GRANTED.
SETTLEMENT CONFERENCE IS CONTINUED FROM: AT
TO: AT
SHORT CAUSE COURT TRIAL IS CONTINUED FROM: AT
TO: AT
TRIAL CALENDAR CALL IS CONTINUED FROM: June 9, 2022 AT 1:30 p.m.
TO: November 3, 2022 AT 1:30 p.m.
COURT TRIAL/JURY TRIAL IS CONTINUED FROM: June 20, 2022 AT 8:30 a.m.
TO: November 14, 2022 AT 8:30 a.m.
OTHER HEARING (Describe): FROM: May 20, 2022 AT 8:30 a.m.
IS CONTINUED TO: August 5, 2022 AT 8:30 a.m.
DATE:
JUDGE OF THE SUPERIOR COURT
Form Adopted for MANDATORY USE APPLICATION AND STIPULATION FOR Page 1 of 1
Superior Court of Santa Cruz County ORDER TO CONTINUE TRIAL
SUPCV 1013 01/01/20
1 THE FIERBERG NATIONAL LAW GROUP, PLLC
DOUGLAS E. FIERBERG (admitted pro hac vice)
2 dfierberg@tfnlgroup.com
JONATHON N. FAZZOLA (admitted pro hac vice)
3 jfazzola@tfnlgroup.com
161 East Front Street, Suite 200
4 Traverse City, Michigan 49684
Telephone: (202) 351-0510
5 Fax: (231) 252-8100
6 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
7 labar@sawyerlabar.com
1700 Montgomery Street, Suite 108
8 San Francisco, California 94111
Telephone: (415) 262-3820
9
Attorneys for Plaintiffs
10 DAPHNE BELETSIS
YVONNE RAINEY
11
12 SUPERIOR COURT OF CALIFORNIA
13 COUNTY OF SANTA CRUZ
14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF (Assigned to Hon. John Gallagher, Dept.
15 ALEXANDER BELETSIS, and 10)
YVONNE RAINEY, surviving parent of
16 DECLARATION OF DOUGLAS E.
ALEXANDER BELETSIS, deceased FIERBERG IN SUPPORT OF
17 APPLICATION AND STIPULATION
Plaintiffs, FOR ORDER TO CONTINUE TRIAL
18 vs.
19 THETA CHI FRATERNITY, INC., et al.; Dept.: 10
Complaint Filed: October 31, 2019
20 FAC Filed: February 5, 2020
Defendants. Trial Date: June 20, 2022
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1
DECLARATION OF DOUGLAS E. FIERBERG IN SUPPORT OF APPLICATION AND STIPULATION TO
CONTINUE TRIAL
1 I, DOUGLAS E. FIERBERG, declare as follows:
2 1. I am an attorney at law duly licensed to practice in the State of Maryland, the
3 District of Columbia, and the State of Michigan. I have been permitted to appear as counsel pro
4 hac vice in this action on behalf of Plaintiffs Daphne Beletsis and Yvonne Rainey in this action.
5 2. I am an attorney at The Fierberg National Law Group, PLLC, co-counsel of record
6 for Defendants with Ivo Labar, Esq., an active member of the State Bar of California and partner
7 in the law firm of Sawyer Labar, LLP. I have personally worked on this case and I have
8 knowledge of the matters set forth in this Declaration. If called as a witness, I could competently
9 testify under oath on those matters. I make this declaration in support of Application and
10 Stipulation for Order to Continue Trial.
11 3. Good cause exists for the continuance of the Trial dates in this matter as follows
12 and as stated in the JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE
13 TRIAL, attached hereto as Attachment A:
14 4. This matter arises from the wrongful death of decedent, Alexander Beletsis (“Mr.
15 Beletsis”), at the time, a sophomore at the University of California, Santa Cruz (“UCSC”), who
16 tragically died following an event and after-party allegedly planned and hosted by the Theta Iota
17 Chapter (the “Chapter”) of Theta Chi Fraternity, Inc. (“Theta Chi”), of which Mr. Beletsis was a
18 member.
19 5. The original Complaint was filed by Plaintiffs Daphne Beletsis, individually, and
20 Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, surviving parent of
21 Alexander Beletsis, deceased (collectively, “Plaintiffs”) on October 21, 2019. The First Amended
22 Complaint was filed February 5, 2020.
23 6. My firm has been diligently working to resolve Plaintiffs’ claims against a number
24 of defendants. To-date, we have resolved this matter with multiple individual defendants and the
25 only remaining Defendants are Theta Chi, the Chapter, and Christopher Guevara (“Guevara”).
26 7. On February 17, 2022, Defendant Theta Chi filed its Motion for Summary
27 Judgment. Similarity, on February 28, 2022, Defendant Guevara filed his Motion for Summary
28 Judgement.
2
DECLARATION OF DOUGLAS E. FIERBERG IN SUPPORT OF APPLICATION AND STIPULATION TO
CONTINUE TRIAL
1 8. Due to unforeseen circumstances related to defense counsel, then being diagnosed
2 with COVID-19, valuable depositions have been rescheduled multiple times. I contend that the
3 testimony expected from these depositions directly relates to the matters which are subject of the
4 Motions for Summary Judgment scheduled to be heard on May 20, 2022.
5 9. I have requested the depositions be rescheduled to accommodate appropriate time
6 to prepare the oppositions to the Motions for Summary Judgment.
7 10. Due to the need to reschedule the depositions and fast approaching deadline to
8 respond to Defendant Theta Chi’s and Defendant Guevara’s Motions for Summary Judgement, the
9 Parties have met and conferred, by and through their counsel, and stipulate to a short continuance
10 of the hearing on the Motions for Summary Judgment to August 5, 2022, or the Court’s next
11 available date that Defendants’ Motions for Summary Judgement can be heard. (See Attachment
12 A).
13 11. Due to the hearing for the Motions for Summary Judgment needing to be
14 continued, a conflict with the currently scheduled trial date of June 20, 2022 has occurred.
15 12. The Parties have met and conferred and stipulate to a continuance of the currently
16 scheduled June 9, 2022 Trial Readiness Conference and the June 20, 2022 trial date. Considering
17 said stipulation, the Parties have agreed to and respectfully request this Court continue the trial in
18 this matter for a jury trial to a date convenient to the Court’s calendar, no earlier than November 1,
19 2022. The parties propose that the new trial date be set as November 14, 2022, subject to the
20 Court’s availability and calendar. (See Attachment A).
21 13. All parties agree and stipulate that non-expert discovery closes as currently set on
22 May 20, 2022 (except as provided in this Paragraph), which agreement is a material consideration
23 for all parties’ agreement and consent to this Stipulation and to the trial continuance. All parties
24 further agree and stipulate that the only deadlines and cut-off dates that will be based on the new
25 trial date will be those related to expert discovery, motions as to experts and expert discovery, and
26 deadlines for the filing of summary judgment motions, except that Expert Disclosures shall occur
27 as currently set for May 2, 2022. All parties further agree and stipulate that the only non-expert
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3
DECLARATION OF DOUGLAS E. FIERBERG IN SUPPORT OF APPLICATION AND STIPULATION TO
CONTINUE TRIAL
1 discovery to be permitted past May 20, 2022, will be discovery that has been timely served or
2 noticed to be concluded on or before May 20, 2022. (See Attachment A).
3 14. There are no alternative means to address the need for a trial continuance.
4 15. No party will be prejudiced in continuing the trial. (California Rules of Court, Rule
5 3.1332(d)(5)). All sides agree that this requested continuance is necessary. (See Attachment A).
6
7 I declare under the penalty of perjury under the laws of the State of California that the
8 foregoing is true and correct.
9 Executed on this 29th day of April, 2022, at Traverse City, Michigan.
10
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Douglas E. Fierberg
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DECLARATION OF DOUGLAS E. FIERBERG IN SUPPORT OF APPLICATION AND STIPULATION TO
CONTINUE TRIAL
ATTACHMENT A
THE FIERBERG NATIONAL LAW GROUP, PLLC
DOUGLAS E. FIERBERG (admittedpro hac vice)
derberg@tfhlgroup.com
JONATHON N. FAZZOLA (admitted pro hac vice)
Jfazzola @tzlgroup. com
161 East Front Street, Suite 200
Traverse City, Michigan 49684
Telephone: (202) 35 1 -05 10
Fax: (23 1) 252-8100
SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
labar@sawyerlabar.com
1700 Montgomery Street, Suite 108
San Francisco, California 941 1 1
Telephone: (415) 262-3820
Attorneys for Plaintiffs
DAPHNEV BELETSIS
YVONNE RAINEY
SUPERIOR COURT OF CALIFORNIA
LABAR LLP
COUNTY OF SANTA CRUZ
1700 MONTGOMERY ST. STE 108
TELEPHONE: 41 5.2613820
SAN FRANCISCO. CA 941 11
U WEN
DAPHNE BELETSIS, individually, and as Case No. 19CVO3287
Administrator of the ESTATE OF (Assigned to Hon. John Gallagher, Dept.
\Nwwwyei
&
ALEXANDER BELETSIS, and 1 0)
SAWYER
YVONNE RAINEY, surviving parent of JOINT STIPULATION AND‘
ALEXANDER BELETSIS, deceased ORDER TO CONTINUE
[PROPOSED]
TRIAL
Plaintiffs,
vs. (Filed concurrently with [Proposed]
Order)
THETA CHI FRATERNITY, INC., et al.;
Dept: 10
Defendants.
Complaint Filed: October 3 1;»2‘019
FAC Filed: February 5, 2020
Trial Date: June 20, 2022
1
JOINT STIPULATION TO CONTINUE TRIAL
IT IS HEREBY STIPULATED AND AGREED by and between the attorneys of record
for the parties in this action that the Trial date, presently scheduled for June 20, 2022, and the Trial
Readiness Conference, presently scheduled for June 9, 2022, be continued to a date convenient to
the Court’s calendar no earlier than November 1, 2022. The parties propose that the new trial date
be set as November 14, 2022, subject to the Court’s availability and calendar. The parties agreed
that good cause exists for the continuance of the Trial dates in this matter as follows:
1. This matter arises from the wrongful death of decedent, Alexander Beletsis (“ML
Beletsis”), at the time, a sophomore at the University of California, Santa Cruz
(“UCSC”), who tragically died following an event and after-party allegedly planned
and hosted by the Theta Iota Chapter (the “Chapter”) of Theta Chi Fraternity, Inc.
(“Theta Chi”), of which Mr. Beletsis was a member.
The original Complaint was led by Plaintiffs Daphne Beletsis, individually, and
LABAR LLP
Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, surviving
1700 MONTGOMERY ST STE 108
TELEPHONE: 41 5.2623820
SAN FRANCISCQ CA'94111
wuaawyerlabamom
parent of Alexander Beletsis, deceased (collectively, “Plaintiffs”) on October 21, 2019.
8:
The First Amended Complaint was led February 5, 2020.
SAW'YER
Plaintiffs’ counsel has been diligently working to resolve Plaintiffs’ claims against a
number of defendants. To-date, Plaintiffs’ counsel has resolved this matter with
multiple individual defendants and the only remaining Defendants are Theta Chi, the
Chapter, and Christopher Guevara (“Guevara”).
On February 17, 2022, Defendant Theta Chi led its Motion for Summary Judgment.
Similarity, on February 28, 2022, Defendant Guevara led his Motion for Summary
Judgement.
Due to unforeseen circumstances related to defense counsel, then Plaintiffs’ counsel
being diagnosed with COVID-19, valuable depositions have been rescheduled multiple
times. Plaintiffs’ counsel contends that the testimony expected om these depositions
directly relates to the matters which are subj ect of the Motions for Summary Judgment
scheduled to be heard on May 20, 2022.
Plaintiffs’ counsel has requested the depositions be rescheduled to accommodate
2
JOINT STIPULATION TO CONTINUE TRIAL
appropriate time to prepare their oppositions to the Motions for Summary Judgment.
Due to the need to reschedule the depositions and fast approaching deadline to respond
to Defendant Theta Chi’s and Defendant Guevara’s Motions for Summary Judgement,
the Parties have met and conferred, by and through their counsel, and stipulate to a
short continuance of the hearing on the Motions for Summary Judgment to August 5,
2022, or the Court’s next available date that Defendants’ Motions for Summary
Judgement can be heard.
Due to the hearing for the Motions for Summary Judgment needing to be continued, a
conict with the currently scheduled trial date of June 20, 2022 has occurred.
The Parties have met and conferred and stipulate to a continuance of the currently
scheduled June 9, 2022 Trial Readiness Conference and the June 20, 2022 trial date.
Considering said stipulation, the Parties have agreed to and respectfully request this
LABAR LLP
Court continue the trial in this matter for a jury trial to a date convenient to the Court’s
1700 MONTGOMERY ST, STE 108
rELEPHONE: 41 5.2623870
SAN FRANCISCO. CA 94111
wwwsawyerldaancom
calendar, no earlier than Noyember 1, 2022. The parties propose that the new trial date
8:
be set as November l4, 2022, subject to the Court’s availability and calendar.
SAWYER
10. All parties agree and stipulate that non-expert discovery closes as currently set on May
20, 2022 (except as provided in this Paragraph), which agreement is a material
consideration for all parties’ agreement and consent to this Stipulation and to the trial
continuance. All parties further agree and stipulate that the only deadlines and cut-off
dates that will be based on the new trial date will be those related to expert discovery,
motions as to experts and expert discovery, and deadlines for the ling of summary
judgment motions, except that Expert Disclosures shall occur as currently set for May
2, 2022. All parties further agree and stipulate that the only non-expert discovery to be
permitted past May 20, 2022, will be discovery that has been timely served or noticed
to be concluded on or before May 20, 2022.
11. There are no alternative means to address the need for a trial continuance.
12. No party will be prejudiced in continuing the trial. (California Rules of Court, Rule
3. 1332(d)(5)). All sides agree that this requested continuance is necessary.
3
JOINT STJPULATION TO CONTINUE TRIAL
IT IS SO STIPULATED.
DATED: April 26, 2022 SAWYER & LABAR LLP
WW Ivo Labar
Attorney for Plaintiffs
DAPHNE BELETSIS
YVONNE RAINEY
DATED: April 26, 2022 THE FIERBERG NATIONAL LAW GROUP, PLLC
10
By=
11
Douglas E. Fierberg (admlted pro hacvice)
12 Jonathon N. Fazzola (admitted pro ha'c vice)
Attorneys for Plaintiffs
LABAR LLI’
13 DAPHNE BELETSIS
1700 MONTGOMERY ST, STE 1m
TELEPHON E: 41 5.2623320
SAN FRANCISCO. CA 941 11
YVONNE RAINEY
wvmsawyeabanoom
14
8;
15
DATED: April 27, 2022 COKINOS YOUNG
SAW’YER
|
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By: W c 0453M
18 Michael C. Osborne, Esq.
Jaskiran Samra, Esq.
19 Elaine Kobylecki, Esq.
Attorneys for Defendant
20 THETA CHI FRATERNITY, INC.
21
22 DATED: Aprilgi 2022 MATHENY SEARS LINKERT & JAIME, LLP
23
24
Matt u/C. Jaixe sq.
25
Robe W. Sweeti , Esq.
26
Rhonda Ladri ,.Esq
27 Attorneys for Defendant
CHRISTOPHER GUEVARA
28
4
JOINT STIPULATION To CONTINUE TRIAL
1
2 DATED: April ___, 28 2022 FRIEDENTHL, HEFFEMAN & BROWN, LLP
3
4 By:
5 Dan Friedenthal, Esq.
Attorneys for Defendant
6 THETA IOTA CHAPTER OF THETA CHI
FRATERNITY
7
8
9 [PROPOSED] ORDER
10 Case No. 19CV03287
11 In accordance with the Stipulation requesting the same, and FOR GOOD CAUSE
12 SHOWN, it is hereby ORDERED the Trial Readiness Conference, currently set for June 9, 2022,
13 will be continued to November 3, 2022;
14 The trial date, currently set for June 20, 2022, will be continued to November 14, 2022;
15
The Hearing on Defendant Theta Chi’s and Defendant Guevara’s Motions for Summary
16
Judgement, currently set for May 20, 2022, will be continued to August 5, 2022;
17
Non-expert discovery closes as currently set on May 20, 2022 (except as otherwise
18
19 provided in this Order);
20 The only deadlines and cut-off dates that will be based on the new trial date will be those
21 related to expert discovery, motions as to experts and expert discovery, and deadlines for the filing
22
of summary judgment motions, except that Expert Disclosures shall occur as currently set for May
23
2, 2022; and
24
//
25
//
26
27 //
28 //
5
JOINT STIPULATION TO CONTINUE TRIAL
The only non-expert discovery to be permitted past May 20, 2022, will be discovery that
has been timely served or noticed to be concluded on or before May 20, 2022.
IT IS SO ORDERED.
DATED:
The Honorable John Gallagher
Judge of the Superior Court
LABAR LLP
1700 MONTGOMERY ST, STE 108
TELEPHONE 4 'E 5.2623320
SAN FRANCISCO. CA 94111
www.mwyerlabamom
SAWYER 8:
6
JOINT STIPULATION TO CONTINUE TRIAL
1 PROOF OF SERVICE
2 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of San Francisco, State of California. My business address is 1700
3 Montgomery Street, Ste. 108, San Francisco, CA 94111.
4 On April 29, 2022, I served true copies of the foregoing document(s) described as
1. APPLICATION AND STIPULATION FOR ORDER TO CONTINUE TRIAL
5 on the interested parties in this action as follows:
6
Michael C. Osborne, Esq. Matthew C. Jaime, Esq.
7 Jaskiran Samra, Esq. Robert W. Sweetin, Esq.
Elaine Kobylecki, Esq. K. Moji Majekodunmi, Esq.
8 Cokinos | Young Rhonda Ladrido, Esq.
One Embarcadero Center, Suite 390 Matheny Sears Linkert & Jaime, LLP
9 San Francisco, CA 94111 3638 American River Drive
mosborne@cokinoslaw.com Sacramento, CA 95864
10 jsamra@cokinoslaw.com mjaime@mathenysears.com
ekobylecki@cokinoslaw.com rsweetin@mathenysears.com
Attorneys for Defendant Theta Chi Fraternity, Inc. kmajekodunmi@mathenysears.com
11
rladrido@mathenysears.com
Mary Childs, Esq. Attorneys for Defendant Christopher Guevara
12
Aaron Case, Esq.
13 Yoka & Smith, LLP Patrick Ball, Esq.
445 South Figueroa Street, 38th Floor Iden Kashefipour, Esq.
14 Los Angeles, CA 90071 Messner Reeves LLP
mchilds@yokasmith.com 610 Newport Center Drive, Suite 420
15 acase@yokasmith.com
Attorneys for Defendants Emmanuel Thomas, Newport Beach, CA 92660
Bobby Karki & John Dylan Leitch pball@messner.com
16 ikashefipour@messner.com
Attorneys for Defendant Moises Tenorio Garcia
17
Dan Friedenthal, Esq. John Hourihan Esq.
18 Stratman, Schwartz & Williams-Abrego
Friedenthal, Heffeman & Brown, LLP
1520 W. Colorado Blvd., 2nd Floor PO Box 258829
19 Oklahoma City, OK 73125-8829
Pasadena, CA 91105
John.hourihan@farmersinsurance.com
20 dfriedenthal@FHBlawyers.com Attorney for Defendant Quinn McLaughlin
Attorney for Defendant Theta Iota Chapter of
21 Theta Chi Fraternity
Derek H. Lim, Esq.
22 Shannon Mallory, Esq.
Demler, Armstrong & Rowland, LLP
23 1990 N. California Blvd, 8th Floor
Walnut Creek, CA 94596
24 lim@darlaw.com
mal@darlaw.com
25 Attorneys for Defendant Brad Visacki
26 BY E-MAIL OR ELECTRONIC TRANSMISSION: In accordance with the California
Code of Civil Procedure § 1010.6(e), I caused the document(s) to be sent from e-mail address
27 guzman@sawyerlabar.com to the person(s) at the email address(es) above. No electronic
messages or other indication that the transmission was unsuccessful was received within a
28 reasonable time after the transmission.
PROOF OF SERVICE
1 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
2
Executed on April 29, 2022, at San Francisco, California.
3
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5 Sarah Guzman
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PROOF OF SERVICE
1 PROOF OF SERVICE
2 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of San Francisco, State of California. My business address is 1700
3 Montgomery Street, Ste. 108, San Francisco, CA 94111.
4 On May 4, 2022, I served true copies of the foregoing document(s) described as NOTICE
OF ENTRY OF ORDER on the interested parties in this action as follows:
5
Michael C. Osborne, Esq. Matthew C. Jaime, Esq.
6 Jaskiran Samra, Esq. Robert W. Sweetin, Esq.
Elaine Kobylecki, Esq. K. Moji Majekodunmi, Esq.
7 Cokinos | Young Rhonda Ladrido, Esq.
One Embarcadero Center, Suite 390 Matheny Sears Linkert & Jaime, LLP
8 San Francisco, CA 94111 3638 American River Drive
mosborne@cokinoslaw.com Sacramento, CA 95864
9 jsamra@cokinoslaw.com mjaime@mathenysears.com
ekobylecki@cokinoslaw.com rsweetin@mathenysears.com
10 Attorneys for Defendant Theta Chi Fraternity, Inc. kmajekodunmi@mathenysears.com
rladrido@mathenysears.com
11 Mary Childs, Esq. Attorneys for Defendant Christopher Guevara
Aaron Case, Esq.
12 Yoka & Smith, LLP Patrick Ball, Esq.
445 South Figueroa Street, 38th Floor Iden Kashefipour, Esq.
13 Los Angeles, CA 90071 Messner Reeves LLP
mchilds@yokasmith.com 610 Newport Center Drive, Suite 420
14 acase@yokasmith.com
Attorneys for Defendants Emmanuel Thomas, Newport Beach, CA 92660
15 Bobby Karki & John Dylan Leitch pball@messner.com
ikashefipour@messner.com
16 Attorneys for Defendant Moises Tenorio Garcia
17 Dan Friedenthal, Esq. John Hourihan Esq.
Friedenthal, Heffeman & Brown, LLP Stratman, Schwartz & Williams-Abrego
18 PO Box 258829
1520 W. Colorado Blvd., 2nd Floor
Pasadena, CA 91105 Oklahoma City, OK 73125-8829
19 John.hourihan@farmersinsurance.com
dfriedenthal@FHBlawyers.com Attorney for Defendant Quinn McLaughlin
20 Attorney for Defendant Theta Iota Chapter of
Theta Chi Fraternity
21 Derek H. Lim, Esq.
Shannon Mallory, Esq.
22 Demler, Armstrong & Rowland, LLP
1990 N. California Blvd, 8th Floor
23 Walnut Creek, CA 94596
lim@darlaw.com
24
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1 THE FIERBERG NATIONAL LAW GROUP, PLLC DOUGLAS E. FIERBERG (admitted pro hac vice) 2 dfierberg@tfnlgroup.com JONATHON N. FAZZOLA (admitted pro hac vice) 3 jfazzola@tfnlgroup.com LISA N. CLOUTIER (admitted pro hac vice) 4 lcloutier@tfnlgroup.com 161 East Front Street, Suite 200 5 Traverse City, MI 49684 Telephone: (202) 351-0510 6 Fax: (231) 252-8100 7 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 8 labar@sawyerlabar.com 1700 Montgomery Street, Suite 2240 9 San Francisco, California 94111 Telephone: (415) 262-3820 10 Attorneys for Plaintiffs 11 DAPHNE BELETSIS YVONNE RAINEY 12 13 SUPERIOR COURT OF CALIFORNIA 14 COUNTY OF SANTA CRUZ 15 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF 16 ALEXANDER BELETSIS, and NOTICE OF ENTRY OF ORDER YVONNE RAINEY, surviving parent of 17 ALEXANDER BELETSIS, deceased 18 Plaintiffs, 19 vs. 20 THETA CHI FRATERNITY, INC., et al., 21 Defendants. 22 23 24 25 26 27 28 1 NOTICE OF ENTRY OF ORDER 1 TO ALL PARTIES AND ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on May 4, 2022, the Court entered an Order Granting the 3 Application and Stipulation for Order to Continue Trial, attached hereto as Exhibit A. 4 5 DATED: May 4, 2022 SAWYER & LABAR LLP 6 By: Ivo Labar 7 THE FIERBERG NATIONAL LAW GROUP, PLLC 8 By: Jonathon N. Fazzola (admitted pro hac vice) 9 Attorneys for Plaintiffs DAPHNE BELETSIS 10 and YVONNE RAINEY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF ENTRY OF ORDER EXHIBIT A ELECTRONICALLY RECEIVED 5/2/2022 11:02 AM SUPCV 1013 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY NAME: Ivo Labar (#203492), Jonathon N. Fazzola (PHV)*, Douglas E. Fierberg (PHV)* ADDRESS: Sawyer & Labar LLP, 1700 Montgomery Street, Ste 108, San Francisco, CA 94111 CITY, STATE, ZIP: *Fierberg National Law Group, 161 E. Front St., Ste 200, Traverse City, MI 496 TELEPHONE NO: 415-262-3820 *231-933-0180 (Tel) FAX NO. (Optional): labar@sawyerlabar.com, jfazzola@tfnlgroup.com EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 110 Santa Cruz, CA 95060 Santa Cruz Branch PLAINTIFF/PETITIONER: Daphne Beletsis, et al. vs. DEFENDANT/RESPONDENT: Theta Chi Fraternity, Inc., et al. CASE NUMBER: APPLICATION AND STIPULATION FOR ORDER TO CONTINUE TRIAL 19CV03287 Must be filed 10 days before date set FOR GOOD CAUSE as stated in the attached supporting declaration, the parties hereby stipulate to and apply for a continuance of the: Jury Trial/Court Trial Settlement Conference (if scheduled) Other Hearing: MSJs and have provided proposed dates for continuance in the supporting declaration. Please provide current court dates in order below: SIGNATURES OF COUNSEL OR PARTY WITHOUT AN ATTORNEY: Date: 4/29/2022 Attorney for Party without Attorney Plaintiff/Petitioner Defendant/Respondent Date: Attorney for Party without Attorney Plaintiff/Petitioner Defendant/Respondent Additional signatures in Attachment “A” ORDER BASED ON THE STIPULATION OF THE PARTIES, THE SUPPORTING DECLARATION, AND FINDING GOOD CAUSE, THE APPLICATION IS HEREBY GRANTED. SETTLEMENT CONFERENCE IS CONTINUED FROM: AT TO: AT SHORT CAUSE COURT TRIAL IS CONTINUED FROM: AT TO: AT TRIAL CALENDAR CALL IS CONTINUED FROM: June 9, 2022 AT 1:30 p.m. TO: November 3, 2022 AT 1:30 p.m. COURT TRIAL/JURY TRIAL IS CONTINUED FROM: June 20, 2022 AT 8:30 a.m. TO: November 14, 2022 AT 8:30 a.m. OTHER HEARING (Describe): FROM: May 20, 2022 AT 8:30 a.m. IS CONTINUED TO: August 5, 2022 AT 8:30 a.m. DATE: JUDGE OF THE SUPERIOR COURT Form Adopted for MANDATORY USE APPLICATION AND STIPULATION FOR Page 1 of 1 Superior Court of Santa Cruz County ORDER TO CONTINUE TRIAL SUPCV 1013 01/01/20 1 THE FIERBERG NATIONAL LAW GROUP, PLLC DOUGLAS E. FIERBERG (admitted pro hac vice) 2 dfierberg@tfnlgroup.com JONATHON N. FAZZOLA (admitted pro hac vice) 3 jfazzola@tfnlgroup.com 161 East Front Street, Suite 200 4 Traverse City, Michigan 49684 Telephone: (202) 351-0510 5 Fax: (231) 252-8100 6 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 7 labar@sawyerlabar.com 1700 Montgomery Street, Suite 108 8 San Francisco, California 94111 Telephone: (415) 262-3820 9 Attorneys for Plaintiffs 10 DAPHNE BELETSIS YVONNE RAINEY 11 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF SANTA CRUZ 14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF (Assigned to Hon. John Gallagher, Dept. 15 ALEXANDER BELETSIS, and 10) YVONNE RAINEY, surviving parent of 16 DECLARATION OF DOUGLAS E. ALEXANDER BELETSIS, deceased FIERBERG IN SUPPORT OF 17 APPLICATION AND STIPULATION Plaintiffs, FOR ORDER TO CONTINUE TRIAL 18 vs. 19 THETA CHI FRATERNITY, INC., et al.; Dept.: 10 Complaint Filed: October 31, 2019 20 FAC Filed: February 5, 2020 Defendants. Trial Date: June 20, 2022 21 22 23 24 25 26 27 28 1 DECLARATION OF DOUGLAS E. FIERBERG IN SUPPORT OF APPLICATION AND STIPULATION TO CONTINUE TRIAL 1 I, DOUGLAS E. FIERBERG, declare as follows: 2 1. I am an attorney at law duly licensed to practice in the State of Maryland, the 3 District of Columbia, and the State of Michigan. I have been permitted to appear as counsel pro 4 hac vice in this action on behalf of Plaintiffs Daphne Beletsis and Yvonne Rainey in this action. 5 2. I am an attorney at The Fierberg National Law Group, PLLC, co-counsel of record 6 for Defendants with Ivo Labar, Esq., an active member of the State Bar of California and partner 7 in the law firm of Sawyer Labar, LLP. I have personally worked on this case and I have 8 knowledge of the matters set forth in this Declaration. If called as a witness, I could competently 9 testify under oath on those matters. I make this declaration in support of Application and 10 Stipulation for Order to Continue Trial. 11 3. Good cause exists for the continuance of the Trial dates in this matter as follows 12 and as stated in the JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE 13 TRIAL, attached hereto as Attachment A: 14 4. This matter arises from the wrongful death of decedent, Alexander Beletsis (“Mr. 15 Beletsis”), at the time, a sophomore at the University of California, Santa Cruz (“UCSC”), who 16 tragically died following an event and after-party allegedly planned and hosted by the Theta Iota 17 Chapter (the “Chapter”) of Theta Chi Fraternity, Inc. (“Theta Chi”), of which Mr. Beletsis was a 18 member. 19 5. The original Complaint was filed by Plaintiffs Daphne Beletsis, individually, and 20 Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, surviving parent of 21 Alexander Beletsis, deceased (collectively, “Plaintiffs”) on October 21, 2019. The First Amended 22 Complaint was filed February 5, 2020. 23 6. My firm has been diligently working to resolve Plaintiffs’ claims against a number 24 of defendants. To-date, we have resolved this matter with multiple individual defendants and the 25 only remaining Defendants are Theta Chi, the Chapter, and Christopher Guevara (“Guevara”). 26 7. On February 17, 2022, Defendant Theta Chi filed its Motion for Summary 27 Judgment. Similarity, on February 28, 2022, Defendant Guevara filed his Motion for Summary 28 Judgement. 2 DECLARATION OF DOUGLAS E. FIERBERG IN SUPPORT OF APPLICATION AND STIPULATION TO CONTINUE TRIAL 1 8. Due to unforeseen circumstances related to defense counsel, then being diagnosed 2 with COVID-19, valuable depositions have been rescheduled multiple times. I contend that the 3 testimony expected from these depositions directly relates to the matters which are subject of the 4 Motions for Summary Judgment scheduled to be heard on May 20, 2022. 5 9. I have requested the depositions be rescheduled to accommodate appropriate time 6 to prepare the oppositions to the Motions for Summary Judgment. 7 10. Due to the need to reschedule the depositions and fast approaching deadline to 8 respond to Defendant Theta Chi’s and Defendant Guevara’s Motions for Summary Judgement, the 9 Parties have met and conferred, by and through their counsel, and stipulate to a short continuance 10 of the hearing on the Motions for Summary Judgment to August 5, 2022, or the Court’s next 11 available date that Defendants’ Motions for Summary Judgement can be heard. (See Attachment 12 A). 13 11. Due to the hearing for the Motions for Summary Judgment needing to be 14 continued, a conflict with the currently scheduled trial date of June 20, 2022 has occurred. 15 12. The Parties have met and conferred and stipulate to a continuance of the currently 16 scheduled June 9, 2022 Trial Readiness Conference and the June 20, 2022 trial date. Considering 17 said stipulation, the Parties have agreed to and respectfully request this Court continue the trial in 18 this matter for a jury trial to a date convenient to the Court’s calendar, no earlier than November 1, 19 2022. The parties propose that the new trial date be set as November 14, 2022, subject to the 20 Court’s availability and calendar. (See Attachment A). 21 13. All parties agree and stipulate that non-expert discovery closes as currently set on 22 May 20, 2022 (except as provided in this Paragraph), which agreement is a material consideration 23 for all parties’ agreement and consent to this Stipulation and to the trial continuance. All parties 24 further agree and stipulate that the only deadlines and cut-off dates that will be based on the new 25 trial date will be those related to expert discovery, motions as to experts and expert discovery, and 26 deadlines for the filing of summary judgment motions, except that Expert Disclosures shall occur 27 as currently set for May 2, 2022. All parties further agree and stipulate that the only non-expert 28 3 DECLARATION OF DOUGLAS E. FIERBERG IN SUPPORT OF APPLICATION AND STIPULATION TO CONTINUE TRIAL 1 discovery to be permitted past May 20, 2022, will be discovery that has been timely served or 2 noticed to be concluded on or before May 20, 2022. (See Attachment A). 3 14. There are no alternative means to address the need for a trial continuance. 4 15. No party will be prejudiced in continuing the trial. (California Rules of Court, Rule 5 3.1332(d)(5)). All sides agree that this requested continuance is necessary. (See Attachment A). 6 7 I declare under the penalty of perjury under the laws of the State of California that the 8 foregoing is true and correct. 9 Executed on this 29th day of April, 2022, at Traverse City, Michigan. 10 11 Douglas E. Fierberg 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF DOUGLAS E. FIERBERG IN SUPPORT OF APPLICATION AND STIPULATION TO CONTINUE TRIAL ATTACHMENT A THE FIERBERG NATIONAL LAW GROUP, PLLC DOUGLAS E. FIERBERG (admittedpro hac vice) derberg@tfhlgroup.com JONATHON N. FAZZOLA (admitted pro hac vice) Jfazzola @tzlgroup. com 161 East Front Street, Suite 200 Traverse City, Michigan 49684 Telephone: (202) 35 1 -05 10 Fax: (23 1) 252-8100 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 labar@sawyerlabar.com 1700 Montgomery Street, Suite 108 San Francisco, California 941 1 1 Telephone: (415) 262-3820 Attorneys for Plaintiffs DAPHNEV BELETSIS YVONNE RAINEY SUPERIOR COURT OF CALIFORNIA LABAR LLP COUNTY OF SANTA CRUZ 1700 MONTGOMERY ST. STE 108 TELEPHONE: 41 5.2613820 SAN FRANCISCO. CA 941 11 U WEN DAPHNE BELETSIS, individually, and as Case No. 19CVO3287 Administrator of the ESTATE OF (Assigned to Hon. John Gallagher, Dept. \Nwwwyei & ALEXANDER BELETSIS, and 1 0) SAWYER YVONNE RAINEY, surviving parent of JOINT STIPULATION AND‘ ALEXANDER BELETSIS, deceased ORDER TO CONTINUE [PROPOSED] TRIAL Plaintiffs, vs. (Filed concurrently with [Proposed] Order) THETA CHI FRATERNITY, INC., et al.; Dept: 10 Defendants. Complaint Filed: October 3 1;»2‘019 FAC Filed: February 5, 2020 Trial Date: June 20, 2022 1 JOINT STIPULATION TO CONTINUE TRIAL IT IS HEREBY STIPULATED AND AGREED by and between the attorneys of record for the parties in this action that the Trial date, presently scheduled for June 20, 2022, and the Trial Readiness Conference, presently scheduled for June 9, 2022, be continued to a date convenient to the Court’s calendar no earlier than November 1, 2022. The parties propose that the new trial date be set as November 14, 2022, subject to the Court’s availability and calendar. The parties agreed that good cause exists for the continuance of the Trial dates in this matter as follows: 1. This matter arises from the wrongful death of decedent, Alexander Beletsis (“ML Beletsis”), at the time, a sophomore at the University of California, Santa Cruz (“UCSC”), who tragically died following an event and after-party allegedly planned and hosted by the Theta Iota Chapter (the “Chapter”) of Theta Chi Fraternity, Inc. (“Theta Chi”), of which Mr. Beletsis was a member. The original Complaint was led by Plaintiffs Daphne Beletsis, individually, and LABAR LLP Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, surviving 1700 MONTGOMERY ST STE 108 TELEPHONE: 41 5.2623820 SAN FRANCISCQ CA'94111 wuaawyerlabamom parent of Alexander Beletsis, deceased (collectively, “Plaintiffs”) on October 21, 2019. 8: The First Amended Complaint was led February 5, 2020. SAW'YER Plaintiffs’ counsel has been diligently working to resolve Plaintiffs’ claims against a number of defendants. To-date, Plaintiffs’ counsel has resolved this matter with multiple individual defendants and the only remaining Defendants are Theta Chi, the Chapter, and Christopher Guevara (“Guevara”). On February 17, 2022, Defendant Theta Chi led its Motion for Summary Judgment. Similarity, on February 28, 2022, Defendant Guevara led his Motion for Summary Judgement. Due to unforeseen circumstances related to defense counsel, then Plaintiffs’ counsel being diagnosed with COVID-19, valuable depositions have been rescheduled multiple times. Plaintiffs’ counsel contends that the testimony expected om these depositions directly relates to the matters which are subj ect of the Motions for Summary Judgment scheduled to be heard on May 20, 2022. Plaintiffs’ counsel has requested the depositions be rescheduled to accommodate 2 JOINT STIPULATION TO CONTINUE TRIAL appropriate time to prepare their oppositions to the Motions for Summary Judgment. Due to the need to reschedule the depositions and fast approaching deadline to respond to Defendant Theta Chi’s and Defendant Guevara’s Motions for Summary Judgement, the Parties have met and conferred, by and through their counsel, and stipulate to a short continuance of the hearing on the Motions for Summary Judgment to August 5, 2022, or the Court’s next available date that Defendants’ Motions for Summary Judgement can be heard. Due to the hearing for the Motions for Summary Judgment needing to be continued, a conict with the currently scheduled trial date of June 20, 2022 has occurred. The Parties have met and conferred and stipulate to a continuance of the currently scheduled June 9, 2022 Trial Readiness Conference and the June 20, 2022 trial date. Considering said stipulation, the Parties have agreed to and respectfully request this LABAR LLP Court continue the trial in this matter for a jury trial to a date convenient to the Court’s 1700 MONTGOMERY ST, STE 108 rELEPHONE: 41 5.2623870 SAN FRANCISCO. CA 94111 wwwsawyerldaancom calendar, no earlier than Noyember 1, 2022. The parties propose that the new trial date 8: be set as November l4, 2022, subject to the Court’s availability and calendar. SAWYER 10. All parties agree and stipulate that non-expert discovery closes as currently set on May 20, 2022 (except as provided in this Paragraph), which agreement is a material consideration for all parties’ agreement and consent to this Stipulation and to the trial continuance. All parties further agree and stipulate that the only deadlines and cut-off dates that will be based on the new trial date will be those related to expert discovery, motions as to experts and expert discovery, and deadlines for the ling of summary judgment motions, except that Expert Disclosures shall occur as currently set for May 2, 2022. All parties further agree and stipulate that the only non-expert discovery to be permitted past May 20, 2022, will be discovery that has been timely served or noticed to be concluded on or before May 20, 2022. 11. There are no alternative means to address the need for a trial continuance. 12. No party will be prejudiced in continuing the trial. (California Rules of Court, Rule 3. 1332(d)(5)). All sides agree that this requested continuance is necessary. 3 JOINT STJPULATION TO CONTINUE TRIAL IT IS SO STIPULATED. DATED: April 26, 2022 SAWYER & LABAR LLP WW Ivo Labar Attorney for Plaintiffs DAPHNE BELETSIS YVONNE RAINEY DATED: April 26, 2022 THE FIERBERG NATIONAL LAW GROUP, PLLC 10 By= 11 Douglas E. Fierberg (admlted pro hacvice) 12 Jonathon N. Fazzola (admitted pro ha'c vice) Attorneys for Plaintiffs LABAR LLI’ 13 DAPHNE BELETSIS 1700 MONTGOMERY ST, STE 1m TELEPHON E: 41 5.2623320 SAN FRANCISCO. CA 941 11 YVONNE RAINEY wvmsawyeabanoom 14 8; 15 DATED: April 27, 2022 COKINOS YOUNG SAW’YER | 16 17 By: W c 0453M 18 Michael C. Osborne, Esq. Jaskiran Samra, Esq. 19 Elaine Kobylecki, Esq. Attorneys for Defendant 20 THETA CHI FRATERNITY, INC. 21 22 DATED: Aprilgi 2022 MATHENY SEARS LINKERT & JAIME, LLP 23 24 Matt u/C. Jaixe sq. 25 Robe W. Sweeti , Esq. 26 Rhonda Ladri ,.Esq 27 Attorneys for Defendant CHRISTOPHER GUEVARA 28 4 JOINT STIPULATION To CONTINUE TRIAL 1 2 DATED: April ___, 28 2022 FRIEDENTHL, HEFFEMAN & BROWN, LLP 3 4 By: 5 Dan Friedenthal, Esq. Attorneys for Defendant 6 THETA IOTA CHAPTER OF THETA CHI FRATERNITY 7 8 9 [PROPOSED] ORDER 10 Case No. 19CV03287 11 In accordance with the Stipulation requesting the same, and FOR GOOD CAUSE 12 SHOWN, it is hereby ORDERED the Trial Readiness Conference, currently set for June 9, 2022, 13 will be continued to November 3, 2022; 14 The trial date, currently set for June 20, 2022, will be continued to November 14, 2022; 15 The Hearing on Defendant Theta Chi’s and Defendant Guevara’s Motions for Summary 16 Judgement, currently set for May 20, 2022, will be continued to August 5, 2022; 17 Non-expert discovery closes as currently set on May 20, 2022 (except as otherwise 18 19 provided in this Order); 20 The only deadlines and cut-off dates that will be based on the new trial date will be those 21 related to expert discovery, motions as to experts and expert discovery, and deadlines for the filing 22 of summary judgment motions, except that Expert Disclosures shall occur as currently set for May 23 2, 2022; and 24 // 25 // 26 27 // 28 // 5 JOINT STIPULATION TO CONTINUE TRIAL The only non-expert discovery to be permitted past May 20, 2022, will be discovery that has been timely served or noticed to be concluded on or before May 20, 2022. IT IS SO ORDERED. DATED: The Honorable John Gallagher Judge of the Superior Court LABAR LLP 1700 MONTGOMERY ST, STE 108 TELEPHONE 4 'E 5.2623320 SAN FRANCISCO. CA 94111 www.mwyerlabamom SAWYER 8: 6 JOINT STIPULATION TO CONTINUE TRIAL 1 PROOF OF SERVICE 2 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is 1700 3 Montgomery Street, Ste. 108, San Francisco, CA 94111. 4 On April 29, 2022, I served true copies of the foregoing document(s) described as 1. APPLICATION AND STIPULATION FOR ORDER TO CONTINUE TRIAL 5 on the interested parties in this action as follows: 6 Michael C. Osborne, Esq. Matthew C. Jaime, Esq. 7 Jaskiran Samra, Esq. Robert W. Sweetin, Esq. Elaine Kobylecki, Esq. K. Moji Majekodunmi, Esq. 8 Cokinos | Young Rhonda Ladrido, Esq. One Embarcadero Center, Suite 390 Matheny Sears Linkert & Jaime, LLP 9 San Francisco, CA 94111 3638 American River Drive mosborne@cokinoslaw.com Sacramento, CA 95864 10 jsamra@cokinoslaw.com mjaime@mathenysears.com ekobylecki@cokinoslaw.com rsweetin@mathenysears.com Attorneys for Defendant Theta Chi Fraternity, Inc. kmajekodunmi@mathenysears.com 11 rladrido@mathenysears.com Mary Childs, Esq. Attorneys for Defendant Christopher Guevara 12 Aaron Case, Esq. 13 Yoka & Smith, LLP Patrick Ball, Esq. 445 South Figueroa Street, 38th Floor Iden Kashefipour, Esq. 14 Los Angeles, CA 90071 Messner Reeves LLP mchilds@yokasmith.com 610 Newport Center Drive, Suite 420 15 acase@yokasmith.com Attorneys for Defendants Emmanuel Thomas, Newport Beach, CA 92660 Bobby Karki & John Dylan Leitch pball@messner.com 16 ikashefipour@messner.com Attorneys for Defendant Moises Tenorio Garcia 17 Dan Friedenthal, Esq. John Hourihan Esq. 18 Stratman, Schwartz & Williams-Abrego Friedenthal, Heffeman & Brown, LLP 1520 W. Colorado Blvd., 2nd Floor PO Box 258829 19 Oklahoma City, OK 73125-8829 Pasadena, CA 91105 John.hourihan@farmersinsurance.com 20 dfriedenthal@FHBlawyers.com Attorney for Defendant Quinn McLaughlin Attorney for Defendant Theta Iota Chapter of 21 Theta Chi Fraternity Derek H. Lim, Esq. 22 Shannon Mallory, Esq. Demler, Armstrong & Rowland, LLP 23 1990 N. California Blvd, 8th Floor Walnut Creek, CA 94596 24 lim@darlaw.com mal@darlaw.com 25 Attorneys for Defendant Brad Visacki 26 BY E-MAIL OR ELECTRONIC TRANSMISSION: In accordance with the California Code of Civil Procedure § 1010.6(e), I caused the document(s) to be sent from e-mail address 27 guzman@sawyerlabar.com to the person(s) at the email address(es) above. No electronic messages or other indication that the transmission was unsuccessful was received within a 28 reasonable time after the transmission. PROOF OF SERVICE 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 2 Executed on April 29, 2022, at San Francisco, California. 3 4 5 Sarah Guzman 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 1 PROOF OF SERVICE 2 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is 1700 3 Montgomery Street, Ste. 108, San Francisco, CA 94111. 4 On May 4, 2022, I served true copies of the foregoing document(s) described as NOTICE OF ENTRY OF ORDER on the interested parties in this action as follows: 5 Michael C. Osborne, Esq. Matthew C. Jaime, Esq. 6 Jaskiran Samra, Esq. Robert W. Sweetin, Esq. Elaine Kobylecki, Esq. K. Moji Majekodunmi, Esq. 7 Cokinos | Young Rhonda Ladrido, Esq. One Embarcadero Center, Suite 390 Matheny Sears Linkert & Jaime, LLP 8 San Francisco, CA 94111 3638 American River Drive mosborne@cokinoslaw.com Sacramento, CA 95864 9 jsamra@cokinoslaw.com mjaime@mathenysears.com ekobylecki@cokinoslaw.com rsweetin@mathenysears.com 10 Attorneys for Defendant Theta Chi Fraternity, Inc. kmajekodunmi@mathenysears.com rladrido@mathenysears.com 11 Mary Childs, Esq. Attorneys for Defendant Christopher Guevara Aaron Case, Esq. 12 Yoka & Smith, LLP Patrick Ball, Esq. 445 South Figueroa Street, 38th Floor Iden Kashefipour, Esq. 13 Los Angeles, CA 90071 Messner Reeves LLP mchilds@yokasmith.com 610 Newport Center Drive, Suite 420 14 acase@yokasmith.com Attorneys for Defendants Emmanuel Thomas, Newport Beach, CA 92660 15 Bobby Karki & John Dylan Leitch pball@messner.com ikashefipour@messner.com 16 Attorneys for Defendant Moises Tenorio Garcia 17 Dan Friedenthal, Esq. John Hourihan Esq. Friedenthal, Heffeman & Brown, LLP Stratman, Schwartz & Williams-Abrego 18 PO Box 258829 1520 W. Colorado Blvd., 2nd Floor Pasadena, CA 91105 Oklahoma City, OK 73125-8829 19 John.hourihan@farmersinsurance.com dfriedenthal@FHBlawyers.com Attorney for Defendant Quinn McLaughlin 20 Attorney for Defendant Theta Iota Chapter of Theta Chi Fraternity 21 Derek H. Lim, Esq. Shannon Mallory, Esq. 22 Demler, Armstrong & Rowland, LLP 1990 N. California Blvd, 8th Floor 23 Walnut Creek, CA 94596 lim@darlaw.com 24