Preview
ELECTRONICALLY FILED
Superior Court of California
Law Office Of County of Santa Barbara
MICHAEL P. RING Darrel E. Parker, Executive Officer
2 AND ASSOCIATES
Michael P. Ring, State Bar #95922
6/24/2016 3:59:38 PM
3 Iris L. M. Ring, State Bar #298179 By: Narzralli Baksh, Deputy
1234 Santa Barbara Street
4 Santa Barbara, CA 93101
(805) 564-2333
5
ATTORNEYS FOR PLAINTIFF PATSY MOLER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
ANACAPA DIVISION
9 PATSY MOLER, ) CASE NO.: 1417847
)
10
Plaintiff, ) EX PARTE APPLICATION FOR AN
11 v. ) ORDER CONTINUING EXPERT
) WITNESS DEPOSITIONS AND
12 CHRIS HULME, INDIVIDUALLY AND ) TRIAL DATE
DBA CLEARVIEW INDUSTRIES, INC., )
13 AND DOES 1 THROUGH 10, ) Date: 6/28/16
INCLUSIVE ) Dept: SB1
14
) Time: 8:45 A.M.
15 Defendants. (Assigned to the Hon. James E. Herm
16
PATSY MOLER hereby applies via Ex Parte Application for an Order Continuing the trial
17
date and expert witness depositions in the above captioned matter. This application is made pursuant
18
to the California Rules of Court, Rule 3.1335, on the grounds that due to circumstances beyond the
19
control of the Plaintiff hereto or her counsel, expert witness discovery has been delayed, and a brief
20
continuance is needed in order to allow for the orderly conduct and completion of same prior to trial.
21
This application is made pursuant to CCP §128 and §2024.010, et seq., and California Rules
22
of Court ("CRC"), Rules 3.1332 and 3.1335. This application is based on the attached points and
23
authorities, the Declaration of Michael P. Ring, the papers and records on file herein and on such
24
other and further matters as may be considered on the application.
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i
Ex Parte Application To Continue Trial
Respectfully submitted,
LAW OFFICE OF MICHAEL P. RING & ASSOC.
Dated: June 24, 2016 By:
IRIS . RING
AT I RNEYS FOR PLAINTIFF
PATSY MOLER
2
Ex Parte Application To Continue Trial
I.
GOOD CAUSE EXISTS TO CONTINUE THE EXPERT
DEPOSITIONS AND TRIAL DATES HEREIN
On May 25, 2016, the parties herein exchanged their expert witness designations. See
4 Declaration of Michael P. Ring attached hereto, ¶ 1. Thereafter, over the course of the last month
5 the parties have been conversing, mostly via email, trying to set the dates for the respective expert
6 witnesses. Ring Decl. ¶ 1.
7 In connection with those scheduling efforts, Defendants' counsel informed Mr. Ring that he
8 and his expert had some schedule conflicts which would not allow for the taking of expert depositions
9 in the normal time frame set out in the CCP, and the parties agreed to allow said depositions to occur
10 after the cut-off. Ring Decl. ¶ 2. Mr. Ring has a fully paid, pre-planned my vacation commencing
11 the evening of June 23, 2016. Notice of Unavailability due to his vacation was served on counsel
12 and filed on February 23, 2016. Ring Decl. ¶ 2.
13 After many efforts to get the respective depositions set, on June 21, 2016 at 10:03 p.m.
14 Defendants' counsel finally sent dates to Mr. Ring for consideration. This was only 2 days prior to
15 Mr. Ring's departure on vacation. Mr. Ring mistook for dates for all expert depositions. Ring Decl.
16 1 3. Mr. Ring responded the next morning. After clearing up that the dates suggested were only for
17 Defendants' expert's deposition, Mr. Ring suggested that, due to the very limited amount of time
18 available a brief continuance of the trial date be sought so that neither party would be pressed for
19 completing the depositions before the trial, as Mr. Ring was to be out of the country from June 24
20 through July 2. Ring Decl. ¶ 3.
21 Mr. Ring attempted to reach Defendants' counsel to discuss this issue, but he neither took
22 the calls nor generally return the emails promptly. When Defendants' counsel finally responded, he
23 rejected any suggestion of continuing the trial date, and Noticed Ms. Moler's expert's deposition for
24 July 7. Ring Decl. ¶ 4.
25 Had Mr. Ring known that Defendants' counsel was going to play hide the ball and stall out
26 the setting of the expert depositions, Mr. Ring would have noticed the Defendants' expert deposition
27 immediately. Instead, Mr. Ring accommodated Defendants' counsel's request, as Mr. Ring had
28 calendar conflicts as well. Ring Decl. ¶ 5.
3
Ex Parte Application To Continue Trial
Mr. Ring is not available on July 7, 2016 as he has a deposition in another matter noticed by
2 the other side in a multiparty litigation that has been on calendar for weeks. Mr. Ring is in a Court
3 ordered Mediation on July 6, 2016, on another matter, and in a deposition in another matter noticed
4 by the other side in that multiparty litigation on July 12, 2016, so those dates are not available either.
5 Ring Decl. ¶ 6.
6 As a matter of caution, Mr. Ring Noticed the Deposition Defendants' expert, Preston. Mann,
7 set for July 8. Ring Decl. ¶ 7.
Plaintiff is applying to the Court ex parte for an order continuing the trial briefly to allow an
9 orderly taking of these depositions. If the Court continues the trial date, the depositions of Mr. Mann
10 and Mr. Schwartz can be changed to allow for their completion. If not, we will go forward with Mr.
11 Mann on July 8, but the deposition of Mr. Schwartz cannot go forward on July 7. Ring Decl. ¶8.
12 While this matter has been pending for some time, a two to six week delay here will not
13 prejudice the parties one iota. Ring Decl.
14 Accordingly, Plaintiff Patsy Moler respectfully request a continuance of the trial date to
15 complete the expert witness depositions and adequately prepare for trial. Pursuant to CCP §128, the
16 Court also has the power to provide for the orderly conduct of proceedings before it.
17 Furthermore, under Cal. Rules of Court, Rule 3.1335 the Court may grant a continuance on
18 an affirmative showing of good cause requiring the continuance. The circumstances that may
19 indicate good cause include where the parties have not had a reasonable opportunity to conduct
20 discovery and prepare for trial. In ruling on a motion or application for continuance, the court must
21 consider all the facts and circumstances that are relevant to the determination, including:
22 (1) The proximity of the trial date;
23 (2) Whether there was any previous continuance, extension of time, or delay of trial due to
24 any party;
25 (3) The length of the continuance requested;
26 (4) The availability of alternative means to address the problem that gave rise to the motion
27 or application for a continuance;
28 (5) The prejudice that parties or witnesses will suffer as a result of the continuance;
4
Ex Parte Application To Continue Trial
(6) If the case is entitled to a preferential trial setting, the reasons for that status and whether
the need for a continuance outweighs the need to avoid delay;
(7) The court's calendar and the impact of granting a continuance on other pending trials;
(9) Whether all parties have stipulated to a continuance;
(10) Whether the interests of justice are best served by a continuance, by the trial of the
matter, or by imposing conditions on the continuance; and
(11) Any other fact or circumstance relevant to the fair determination of the motion or
application. Id.
9 As set forth in the attached Declaration, this construction litigation case suffered an extended
10 delay after initiation when Defendants contemplated the filing of bankruptcy and this Court agreed
11 to stay the matter pending the filing of said bankruptcy. When that filing never occurred, the matter
12 was placed back on the civil active list. Ring Decl. ¶ 10.
13 While the parties have been diligent in prosecuting this case, there have been delays
14 associated with discovery disputes. However, there is insufficient time between now and the current
15 trial date for the parties to process these two expert witness depositions needed to place the case in
16 position to be tried. Thus, good cause exists for a continuance of the trial date.
17 Pursuant to CRC Rule 3.1332(b), the Court may grant a continuance of the trial upon either
18 a motion or ex parte application. A continuance may be granted upon a showing of good cause, and
19 each request for a continuance must be considered on its own merits. CRC Rule 3.1332(c). Further,
20 a continuance should be granted if the failure to allow the continuance would probably or possibly
21 prejudice the party seeking the continuance. In re Dolly A. (1986) 177 Cal.App.3d 195; Cohen v.
22 Herbert (1960) 186 Cal.App.2d 488.
23 Thus, Plaintiff Patsy Moler submits that under the circumstances, the interests of justice are
24 best served by a continuance.
25
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27
28
5
Ex Parte Application To Continue Trial
CONCLUSION
For all the foregoing reasons, Plaintiff Patsy Moler respectfully requests that the Court issue
an order continuing the trial date.
Respectfully submitted,
Dated: June 24, 2016
. RING
A O RNEYS FOR PLAINTIFF
PATSY MOLER
6
Ex Parte Application To Continue Trial
DECLARATION OF MICHAEL P. RING
I, MICHAEL P. RING, declare as follows:
I am an attorney at law, duly admitted to practice before all of the Courts of the state of
California, and am one of the attorneys of record for Plaintiff Patsy Moler herein. If called as a
witness I could and would competently testify as follows:
1. On May 25, 2016, the parties herein exchanged their expert witness designations.
Thereafter, over the course of the last month the parties have been conversing, mostly via email,
trying to set the dates for the respective expert witnesses.
2. In connection with those scheduling efforts, Defendants' counsel informed me that
he and his expert had some schedule conflicts which would not allow for the taking of expert
depositions in the normal time frame set out in the CCP, and the parties agreed to allow said
depositions to occur after the cut-off. I had a fully paid, pre-planned my vacation commencing the
evening of June 23, 2016. Notice of Unavailability due to my vacation was served on counsel and
filed on February 23, 2016.
3. After many efforts to get the respective depositions set, on June 21 at 10:03 p.m.
Defendants' counsel finally sent dates to me for consideration. This was only 2 days prior to my
departure on vacation. I initially mistook for dates for all expert depositions. I responded the next
morning. After clearing up that the dates suggested were only for Defendants' expert's deposition,
I suggested that, due to the very limited amount of time available a brief continuance of the trial date
be sought so that neither party would be pressed for completing the depositions before the trial, as I
was to be out of the country from June 24 through July 2.
4. I attempted to reach Defendants' counsel to discuss this issue, but he neither took the
calls nor generally return the emails promptly. When Defendants' counsel finally responded, he
rejected any suggestion of continuing the trial date, and Noticed Ms. Moler's expert's deposition for
July 7.
5. Had I known that Defendants' counsel was going to play hide the ball and stall out
the setting of the expert depositions, I would have noticed the Defendants' expert deposition
7
Ex Parte Application To Continue Trial
immediately. Instead, I accommodated Defendants' counsel's request, as I had calendar conflicts as
well.
6. I am not available on July 7, as I have a deposition in another matter noticed by the
other side in a multiparty litigation that has been on calendar for weeks. I am in a Court ordered
Mediation on July 6 on another matter, and in a deposition in another matter noticed by the other
side in that multiparty litigation on July 12, so those dates are not available either.
7. As a matter of caution, I Noticed the Deposition Defendants' expert, Preston. Mann,
set for July 8.
8. Plaintiff is applying to the Court ex parte for an order continuing the trial briefly to
allow an orderly taking of these depositions. If the Court continues the trial date, the depositions of
Mr. Mann and Mr. Schwartz can be changed to allow for their completion. If not, we will go forward
with Mr. Mann on July 8, but the deposition of Mr. Schwartz cannot go forward on July 7.
9. While this matter has been pending for some time, a two to 6 week delay here will
not prejudice the parties one iota.
10. This construction litigation case suffered an extended delay after initiation when
Defendants contemplated the filing of bankruptcy and this Court agreed to stay the matter pending
the filing of said bankruptcy. When that filing never occurred, the matter was placed back on the
civil active list.
11. Attached hereto as Exhibit 1 are the emails exchanged between me and Defendants'
counsel regarding the setting of the expert witness depositions, etc.
I declare under penalty of perjury under the laws of the State of California that the forgoing
is true and correct and that this declaration was executed this 23rd day of June, 2016, at Santa
Barbara, California.
8
Ex Parte Application To Continue Trial
DECLARATION OF IRIS L. M. RING
I, IRIS L. M. RING, declare as follows:
I am an attorney at law, duly admitted to practice before all of the Courts of the state of
California, and am one of the attorneys of record for Plaintiff Patsy Moler herein. If called as a
witness I could and would competently testify as follows:
1. I provided notice of the within Ex Parte application to counsel via email on June 24,
2016, at approximately 3:00 p.m.
I declare under penalty of perjury under the laws of the State of California that the forgoing
is true and correct and that this declaration was executed this 24th day of June, 2016.
9
Ex Parte Application To Continue Trial
Michael Rini
From: Jeff Bennion < jeff@jbennionlaw.com>
Sent: Wednesday, May 25, 2016 3:25 PM
To: Michael Ring
Subject: RE: MOLER V. HULME
Attachments: Del First designation.pdf
From: Michael Ring [mailto:mpr@ringlaw.netj
Sent: Wednesday, May 25, 2016 2:54 PM
To: Jeff Bennion
Subject: MOLER V. HULME
Please see the attached Designation of Experts.
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
Exhibit
Michael Ring
From: Jeff Bennion
Sent: Wednesday, May 25, 2016 3:36 PM
To: Michael Ring
Subject: RE: Moler v. Hulme
I'll coordinate with him and if you could get dates for your construction guy as well, I'd appreciate it. Don't know if I'm
going to depose your forensic document examiner. I have a very tight schedule for most of June and I'm only free
towards the end with short pockets of availability. Do you want to agree to waive expert discovery cut off?
From: Michael Ring [mailto:mpr@ringlaw.net)
Sent: Wednesday, May 25, 2016 3:33 PM
To: Jeff Bennion
Subject: RE: Moler v. Hulme
Jeff:
When is your expert available for depo?
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and I or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
1
Michael Ring
From: Jeff Bennion
Sent: Sunday, May 29, 2016 3:11 PM
To: Michael Ring
Subject: RE: Moler v. Hulme
Yeah, I have no problem with that.
Get Outlook for Android
On Sun, May 29, 2016 at 2:19 PM -0700, "Michael Ring" wrote:
Jeff:
I have no problem with kicking the cut-off for expert depos back a bit. I am trying to get dates and expect to
hear back next week.
As you can see, my experts are both south of Santa Barbara. Do you want to take them at their locations to save
you travel time/expense? Knowing where the depos will be will help picking dates.
Let me know.
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
Michael Ring
From: Jeff Bennion
Sent: Thursday, June 09, 2016 5:29 PM
To: Michael P. Ring
Subject: RE: Discovery extension
Ok
Sent from Outlook for Android
On Thu, Jun 9, 2016 at 5:27 PM -0700, "Michael P. Ring" wrote:
Jeff:
The responses were due today. One week is June 16.
Michael P. Ring
Original message
From: Jeff Bennion leff@jbennionlaw.com>
Date: 06/09/2016 5:11 PM (GMT-08:00)
To: Michael Ring
Subject: Discovery extension
Mike,
This is to confirm our discussion earlier today that you have granted us a 1-week extension to respond to
discovery. It is now due a week from tomorrow.
Jeff M. Bennion, Esq.
THE LAW OFFICE OF JEFF BENNION
2869 India St.
San Diego, CA 92103
(619) 609-7198
1
Michael Ring
From: Jeff Bennion
Sent: Thursday, June 16, 2016 3:07 PM
To: Michael Ring
Subject: RE: Moler v. Hulme
Ok, printed and mailed it is.
Sent from Outlook for Android
On Thu, Jun 16, 2016 at 3:04 PM -0700, "Michael Ring" wrote:
Jeff:
Today is the last day for response. Please comply with your discovery obligations.
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
1
Michael Ring
From: Jeff Bennion
Sent: Thursday, June 16, 2016 3:02 PM
To: Michael P. Ring
Subject: Moler v. Hulme
I have verifications and responses, but at someone else's office today with no scanner. I can print it out and put
it in their outgoing mail, our email it to you tonight. I'll let you choose.
Sent from Outlook for Android
Michael Ring
From: Jeff Bennion
Sent: Friday, June 17, 2016 3:01 PM
To: Michael Ring
Subject: RE: MOLER V. HULME
I mailed the responses yesterday in compliance with the code. Let me know if you don't get them by Tuesday.
What are your blackout dates for the rest of the month? Let me know and I'll get dates with my expert that match your
schedule. Please do the same with your expert.
From: Michael Ring [rnailto:mpr@ringlaw.net]
Sent: Friday, June 17, 2016 10:52 AM
To: Jeff Bennion
Subject: MOLER V. HULME
Jeff:
We did not receive your clients' discovery responses by email nor US Mail. As such, all objections are waived.
I do not wish to waste the Court's time with a motion to compel, but will do so if the responses are not received
via email today.
Additionally, you never got back to me regarding setting the expert witness depositions. What is the status?
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
1
Michael Ring
From: Jeff Bennion
Sent: Friday, June 17, 2016 3:26 PM
To: Michael Ring
Subject: RE: MOLER V. HULME
Nothing disingenuous. I told you yesterday that I don't have access to a scanner. I'm on vacation this week. I'm not in my
office this week. I don't have signed copies of discovery and verifications scanned in to send you. I had to go to a Kinkos
to get hard copies copied and mailed. I asked you yesterday if you want to wait a few hours past 5 to get e-mailed
versions and you said no, so here we are.
From: Michael Ring [mailto:mpr@ringlaw.net]
Sent: Friday, June 17, 2016 3:19 PM
To: Jeff Bennion
Subject: RE: MOLER V. HULME
Jeff:
While I suspect that your responses "comply" with the CCP, it is quite disingenuous at best to send them to me
in a manner such that if I don't receive them for 5 days I should let you know. This is especially so when
everything in this matter has been sent by email. You know full well that you have an electronic copy of the
responses.
Send them now.
As to the dates for the expert depos, I am out of the office from June 24 through July 2.
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
1
Michael Ring
From: Jeff Bennion
Sent: Tuesday, June 21, 2016 10:03 PM
To: Michael Ring
Subject: Moler v. Hulme
How is the 6th, 7th or 8th? What are your expert's dates of availability?
Jeff M. Bennion, Esq.
THE LAW OFFICE OF JEFF BENNION
2869 India St.
San Diego, CA 92103
(619) 609-7198
www.jbennionlaw.com
The information contained in this electronic message is confidential information intended only for the use of the individual to whom it is
addressed.
1
Michael Ring
From: Jeff Bennion
Sent: Tuesday, June 21, 2016 12:05 PM
To: Michael Ring
Subject: RE: MOLER V. HULME
Yes, I should get dates today as well. He's the only one I want.
From: Michael Ring [mailto:mpr@ringlaw.net]
Sent: Tuesday, June 21, 2016 12:04 PM
To: Jeff Bennion
Subject: MOLER V. HULME
Jeff:
Are you still looking to take only Mr. Schwartz' deposition? I am working on getting dates for him and want to
make sure that is the only one you want.
Also, what dates do you have for Mr. Mann's deposition?
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
1
Michael Ring
From: Jeff Bennion
Sent: Tuesday, June 21, 2016 12:05 PM
To: Michael Ring
Subject: RE: MOLER V. HULME
Yes, I should get dates today as well. He's the only one I want.
From: Michael Ring [mailto:mpr@ringlaw.net]
Sent: Tuesday, June 21, 2016 12:04 PM
To: Jeff Bennion
Subject: MOLER V. HULME
Jeff:
Are you still looking to take only Mr. Schwartz' deposition? I am working on getting dates for him and want to
make sure that is the only one you want.
Also, what dates do you have for Mr. Mann's deposition?
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
1
Michael Ring
From: Jeff Bennion
Sent: Wednesday, June 22, 2016 10:11 AM
To: Michael Ring
Subject: RE: Maier y. Hulme
Those are the dates for my guy. Pretend for the 7th or 8th.
Sent from Outlook for Android
On Wed, Jun 22, 2016 at 10:08 AM -0700, "Michael Ring" wrote:
Jeff:
I will check. What about your guy?
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
Michael Ring
From: Jeff Bennion
Sent: Wednesday, June 22, 2016 10:17 AM
To: Michael Ring
Subject: RE: Moler v. Hulme
Sorry, preference for those dates. Autocorrect. It would be good if we could do these within a day of each other.
Sent from Outlook for Android
On Wed, Jun 22, 2016 at 10:15 AM -0700, "Michael Ring" wrote:
Sorry, I thought you were saying those are dates for Schwartz.
What do you mean "Pretend for the 7th or 8th."?
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
Michael Ring
From: Jeff Bennion
Sent: Wednesday, June 22, 2016 4:55 PM
To: Michael Ring
Subject: Re: MOLER V. HULME
Speaking at a cle right now. Will address this later.
Sent from Outlook for Android
On Wed, Jun 22, 2016 at 1:10 PM -0700, "Michael Ring" wrote:
Jeff:
I have been trying to get the schedule set for the expert depositions, etc., and note that we are getting crunched
by various factors, including our respective schedules, other un-related matters, and simply the march of time.
I have taken the liberty of speaking with the Court's secretary regarding the Court's trial calendar, and he is set
with 7 matters for our date, but will get very open as it progresses into late July or August. I have contacted my
client, who indicates that she is not adverse to moving the trial date back a bit to allow us all to finish the expert
depositions, etc.
So, are you and your clients amenable to seeking an order from the Court moving the trial date? If so, I will
prepare the Stip and Order for your signature and submission to the Court.
Let me know.
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Thank you.
1
Michael tin
From: Jeff Bennion
Sent Thursday, June 23, 2016 3:14 PM
To: Michael Ring
Subject: RE: MOLER V. HULME
Attachments: NOD Schwartz.pdf
I don't know what the various factors are that are crunching you, but I have been asking you for depo dates for Mr.
Schwartz for a month. You and your expert know the trial date and that his depo needs to be taken before trial. We
absolutely oppose any motion to continue. This case is 3 years old. It's time to just try it, with or without your expert. I
have moved things around, my clients have moved things around, you and your expert need to do the same. I am
noticing his depo. If he does not show, I will move to compel or in the alternative, to have him excluded.
From: Michael Ring [mailto:mpr@ringlaw.net]
Sent: Wednesday, June 22, 2016 1:10 PM
To: Jeff Bennion
Subject: MOLER V. HULME
Jeff:
I have been trying to get the schedule set for the expert depositions, etc., and note that we are getting crunched
by various factors, including our respective schedules, other un-related matters, and simply the march of time.
I have taken the liberty of speaking with the Court's secretary regarding the Court's trial calendar, and he is set
with 7 matters for our date, but will get very open as it progresses into late July or August. I have contacted my
client, who indicates that she is not adverse to moving the trial date back a bit to allow us all to finish the expert
depositions, etc.
So, are you and your clients amenable to seeking an order from the Court moving the trial date? If so, I will
prepare the Stip and Order for your signature and submission to the Court.
Let me know.
Michael P. Ring
RING & ASSOCIATES
1234 SANTA BARBARA STREET
SANTA BARBARA CA 93101
TEL. 805-564-2333
FAX 805-564-8899
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS.
This e-nyl message and / or any attachments thereto may be confidential, legally privileged, and / or exempt
from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby
notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or
any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring
& Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all
attachments from your system.
Preview
ELECTRONICALLY FILED Superior Court of California Law Office Of County of Santa Barbara MICHAEL P. RING Darrel E. Parker, Executive Officer 2 AND ASSOCIATES Michael P. Ring, State Bar #95922 6/24/2016 3:59:38 PM 3 Iris L. M. Ring, State Bar #298179 By: Narzralli Baksh, Deputy 1234 Santa Barbara Street 4 Santa Barbara, CA 93101 (805) 564-2333 5 ATTORNEYS FOR PLAINTIFF PATSY MOLER SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA ANACAPA DIVISION 9 PATSY MOLER, ) CASE NO.: 1417847 ) 10 Plaintiff, ) EX PARTE APPLICATION FOR AN 11 v. ) ORDER CONTINUING EXPERT ) WITNESS DEPOSITIONS AND 12 CHRIS HULME, INDIVIDUALLY AND ) TRIAL DATE DBA CLEARVIEW INDUSTRIES, INC., ) 13 AND DOES 1 THROUGH 10, ) Date: 6/28/16 INCLUSIVE ) Dept: SB1 14 ) Time: 8:45 A.M. 15 Defendants. (Assigned to the Hon. James E. Herm 16 PATSY MOLER hereby applies via Ex Parte Application for an Order Continuing the trial 17 date and expert witness depositions in the above captioned matter. This application is made pursuant 18 to the California Rules of Court, Rule 3.1335, on the grounds that due to circumstances beyond the 19 control of the Plaintiff hereto or her counsel, expert witness discovery has been delayed, and a brief 20 continuance is needed in order to allow for the orderly conduct and completion of same prior to trial. 21 This application is made pursuant to CCP §128 and §2024.010, et seq., and California Rules 22 of Court ("CRC"), Rules 3.1332 and 3.1335. This application is based on the attached points and 23 authorities, the Declaration of Michael P. Ring, the papers and records on file herein and on such 24 other and further matters as may be considered on the application. 25 26 27 28 i Ex Parte Application To Continue Trial Respectfully submitted, LAW OFFICE OF MICHAEL P. RING & ASSOC. Dated: June 24, 2016 By: IRIS . RING AT I RNEYS FOR PLAINTIFF PATSY MOLER 2 Ex Parte Application To Continue Trial I. GOOD CAUSE EXISTS TO CONTINUE THE EXPERT DEPOSITIONS AND TRIAL DATES HEREIN On May 25, 2016, the parties herein exchanged their expert witness designations. See 4 Declaration of Michael P. Ring attached hereto, ¶ 1. Thereafter, over the course of the last month 5 the parties have been conversing, mostly via email, trying to set the dates for the respective expert 6 witnesses. Ring Decl. ¶ 1. 7 In connection with those scheduling efforts, Defendants' counsel informed Mr. Ring that he 8 and his expert had some schedule conflicts which would not allow for the taking of expert depositions 9 in the normal time frame set out in the CCP, and the parties agreed to allow said depositions to occur 10 after the cut-off. Ring Decl. ¶ 2. Mr. Ring has a fully paid, pre-planned my vacation commencing 11 the evening of June 23, 2016. Notice of Unavailability due to his vacation was served on counsel 12 and filed on February 23, 2016. Ring Decl. ¶ 2. 13 After many efforts to get the respective depositions set, on June 21, 2016 at 10:03 p.m. 14 Defendants' counsel finally sent dates to Mr. Ring for consideration. This was only 2 days prior to 15 Mr. Ring's departure on vacation. Mr. Ring mistook for dates for all expert depositions. Ring Decl. 16 1 3. Mr. Ring responded the next morning. After clearing up that the dates suggested were only for 17 Defendants' expert's deposition, Mr. Ring suggested that, due to the very limited amount of time 18 available a brief continuance of the trial date be sought so that neither party would be pressed for 19 completing the depositions before the trial, as Mr. Ring was to be out of the country from June 24 20 through July 2. Ring Decl. ¶ 3. 21 Mr. Ring attempted to reach Defendants' counsel to discuss this issue, but he neither took 22 the calls nor generally return the emails promptly. When Defendants' counsel finally responded, he 23 rejected any suggestion of continuing the trial date, and Noticed Ms. Moler's expert's deposition for 24 July 7. Ring Decl. ¶ 4. 25 Had Mr. Ring known that Defendants' counsel was going to play hide the ball and stall out 26 the setting of the expert depositions, Mr. Ring would have noticed the Defendants' expert deposition 27 immediately. Instead, Mr. Ring accommodated Defendants' counsel's request, as Mr. Ring had 28 calendar conflicts as well. Ring Decl. ¶ 5. 3 Ex Parte Application To Continue Trial Mr. Ring is not available on July 7, 2016 as he has a deposition in another matter noticed by 2 the other side in a multiparty litigation that has been on calendar for weeks. Mr. Ring is in a Court 3 ordered Mediation on July 6, 2016, on another matter, and in a deposition in another matter noticed 4 by the other side in that multiparty litigation on July 12, 2016, so those dates are not available either. 5 Ring Decl. ¶ 6. 6 As a matter of caution, Mr. Ring Noticed the Deposition Defendants' expert, Preston. Mann, 7 set for July 8. Ring Decl. ¶ 7. Plaintiff is applying to the Court ex parte for an order continuing the trial briefly to allow an 9 orderly taking of these depositions. If the Court continues the trial date, the depositions of Mr. Mann 10 and Mr. Schwartz can be changed to allow for their completion. If not, we will go forward with Mr. 11 Mann on July 8, but the deposition of Mr. Schwartz cannot go forward on July 7. Ring Decl. ¶8. 12 While this matter has been pending for some time, a two to six week delay here will not 13 prejudice the parties one iota. Ring Decl. 14 Accordingly, Plaintiff Patsy Moler respectfully request a continuance of the trial date to 15 complete the expert witness depositions and adequately prepare for trial. Pursuant to CCP §128, the 16 Court also has the power to provide for the orderly conduct of proceedings before it. 17 Furthermore, under Cal. Rules of Court, Rule 3.1335 the Court may grant a continuance on 18 an affirmative showing of good cause requiring the continuance. The circumstances that may 19 indicate good cause include where the parties have not had a reasonable opportunity to conduct 20 discovery and prepare for trial. In ruling on a motion or application for continuance, the court must 21 consider all the facts and circumstances that are relevant to the determination, including: 22 (1) The proximity of the trial date; 23 (2) Whether there was any previous continuance, extension of time, or delay of trial due to 24 any party; 25 (3) The length of the continuance requested; 26 (4) The availability of alternative means to address the problem that gave rise to the motion 27 or application for a continuance; 28 (5) The prejudice that parties or witnesses will suffer as a result of the continuance; 4 Ex Parte Application To Continue Trial (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) The court's calendar and the impact of granting a continuance on other pending trials; (9) Whether all parties have stipulated to a continuance; (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) Any other fact or circumstance relevant to the fair determination of the motion or application. Id. 9 As set forth in the attached Declaration, this construction litigation case suffered an extended 10 delay after initiation when Defendants contemplated the filing of bankruptcy and this Court agreed 11 to stay the matter pending the filing of said bankruptcy. When that filing never occurred, the matter 12 was placed back on the civil active list. Ring Decl. ¶ 10. 13 While the parties have been diligent in prosecuting this case, there have been delays 14 associated with discovery disputes. However, there is insufficient time between now and the current 15 trial date for the parties to process these two expert witness depositions needed to place the case in 16 position to be tried. Thus, good cause exists for a continuance of the trial date. 17 Pursuant to CRC Rule 3.1332(b), the Court may grant a continuance of the trial upon either 18 a motion or ex parte application. A continuance may be granted upon a showing of good cause, and 19 each request for a continuance must be considered on its own merits. CRC Rule 3.1332(c). Further, 20 a continuance should be granted if the failure to allow the continuance would probably or possibly 21 prejudice the party seeking the continuance. In re Dolly A. (1986) 177 Cal.App.3d 195; Cohen v. 22 Herbert (1960) 186 Cal.App.2d 488. 23 Thus, Plaintiff Patsy Moler submits that under the circumstances, the interests of justice are 24 best served by a continuance. 25 26 27 28 5 Ex Parte Application To Continue Trial CONCLUSION For all the foregoing reasons, Plaintiff Patsy Moler respectfully requests that the Court issue an order continuing the trial date. Respectfully submitted, Dated: June 24, 2016 . RING A O RNEYS FOR PLAINTIFF PATSY MOLER 6 Ex Parte Application To Continue Trial DECLARATION OF MICHAEL P. RING I, MICHAEL P. RING, declare as follows: I am an attorney at law, duly admitted to practice before all of the Courts of the state of California, and am one of the attorneys of record for Plaintiff Patsy Moler herein. If called as a witness I could and would competently testify as follows: 1. On May 25, 2016, the parties herein exchanged their expert witness designations. Thereafter, over the course of the last month the parties have been conversing, mostly via email, trying to set the dates for the respective expert witnesses. 2. In connection with those scheduling efforts, Defendants' counsel informed me that he and his expert had some schedule conflicts which would not allow for the taking of expert depositions in the normal time frame set out in the CCP, and the parties agreed to allow said depositions to occur after the cut-off. I had a fully paid, pre-planned my vacation commencing the evening of June 23, 2016. Notice of Unavailability due to my vacation was served on counsel and filed on February 23, 2016. 3. After many efforts to get the respective depositions set, on June 21 at 10:03 p.m. Defendants' counsel finally sent dates to me for consideration. This was only 2 days prior to my departure on vacation. I initially mistook for dates for all expert depositions. I responded the next morning. After clearing up that the dates suggested were only for Defendants' expert's deposition, I suggested that, due to the very limited amount of time available a brief continuance of the trial date be sought so that neither party would be pressed for completing the depositions before the trial, as I was to be out of the country from June 24 through July 2. 4. I attempted to reach Defendants' counsel to discuss this issue, but he neither took the calls nor generally return the emails promptly. When Defendants' counsel finally responded, he rejected any suggestion of continuing the trial date, and Noticed Ms. Moler's expert's deposition for July 7. 5. Had I known that Defendants' counsel was going to play hide the ball and stall out the setting of the expert depositions, I would have noticed the Defendants' expert deposition 7 Ex Parte Application To Continue Trial immediately. Instead, I accommodated Defendants' counsel's request, as I had calendar conflicts as well. 6. I am not available on July 7, as I have a deposition in another matter noticed by the other side in a multiparty litigation that has been on calendar for weeks. I am in a Court ordered Mediation on July 6 on another matter, and in a deposition in another matter noticed by the other side in that multiparty litigation on July 12, so those dates are not available either. 7. As a matter of caution, I Noticed the Deposition Defendants' expert, Preston. Mann, set for July 8. 8. Plaintiff is applying to the Court ex parte for an order continuing the trial briefly to allow an orderly taking of these depositions. If the Court continues the trial date, the depositions of Mr. Mann and Mr. Schwartz can be changed to allow for their completion. If not, we will go forward with Mr. Mann on July 8, but the deposition of Mr. Schwartz cannot go forward on July 7. 9. While this matter has been pending for some time, a two to 6 week delay here will not prejudice the parties one iota. 10. This construction litigation case suffered an extended delay after initiation when Defendants contemplated the filing of bankruptcy and this Court agreed to stay the matter pending the filing of said bankruptcy. When that filing never occurred, the matter was placed back on the civil active list. 11. Attached hereto as Exhibit 1 are the emails exchanged between me and Defendants' counsel regarding the setting of the expert witness depositions, etc. I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct and that this declaration was executed this 23rd day of June, 2016, at Santa Barbara, California. 8 Ex Parte Application To Continue Trial DECLARATION OF IRIS L. M. RING I, IRIS L. M. RING, declare as follows: I am an attorney at law, duly admitted to practice before all of the Courts of the state of California, and am one of the attorneys of record for Plaintiff Patsy Moler herein. If called as a witness I could and would competently testify as follows: 1. I provided notice of the within Ex Parte application to counsel via email on June 24, 2016, at approximately 3:00 p.m. I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct and that this declaration was executed this 24th day of June, 2016. 9 Ex Parte Application To Continue Trial Michael Rini From: Jeff Bennion < jeff@jbennionlaw.com> Sent: Wednesday, May 25, 2016 3:25 PM To: Michael Ring Subject: RE: MOLER V. HULME Attachments: Del First designation.pdf From: Michael Ring [mailto:mpr@ringlaw.netj Sent: Wednesday, May 25, 2016 2:54 PM To: Jeff Bennion Subject: MOLER V. HULME Please see the attached Designation of Experts. Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. Exhibit Michael Ring From: Jeff Bennion Sent: Wednesday, May 25, 2016 3:36 PM To: Michael Ring Subject: RE: Moler v. Hulme I'll coordinate with him and if you could get dates for your construction guy as well, I'd appreciate it. Don't know if I'm going to depose your forensic document examiner. I have a very tight schedule for most of June and I'm only free towards the end with short pockets of availability. Do you want to agree to waive expert discovery cut off? From: Michael Ring [mailto:mpr@ringlaw.net) Sent: Wednesday, May 25, 2016 3:33 PM To: Jeff Bennion Subject: RE: Moler v. Hulme Jeff: When is your expert available for depo? Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and I or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. 1 Michael Ring From: Jeff Bennion Sent: Sunday, May 29, 2016 3:11 PM To: Michael Ring Subject: RE: Moler v. Hulme Yeah, I have no problem with that. Get Outlook for Android On Sun, May 29, 2016 at 2:19 PM -0700, "Michael Ring" wrote: Jeff: I have no problem with kicking the cut-off for expert depos back a bit. I am trying to get dates and expect to hear back next week. As you can see, my experts are both south of Santa Barbara. Do you want to take them at their locations to save you travel time/expense? Knowing where the depos will be will help picking dates. Let me know. Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. Michael Ring From: Jeff Bennion Sent: Thursday, June 09, 2016 5:29 PM To: Michael P. Ring Subject: RE: Discovery extension Ok Sent from Outlook for Android On Thu, Jun 9, 2016 at 5:27 PM -0700, "Michael P. Ring" wrote: Jeff: The responses were due today. One week is June 16. Michael P. Ring Original message From: Jeff Bennion leff@jbennionlaw.com> Date: 06/09/2016 5:11 PM (GMT-08:00) To: Michael Ring Subject: Discovery extension Mike, This is to confirm our discussion earlier today that you have granted us a 1-week extension to respond to discovery. It is now due a week from tomorrow. Jeff M. Bennion, Esq. THE LAW OFFICE OF JEFF BENNION 2869 India St. San Diego, CA 92103 (619) 609-7198 1 Michael Ring From: Jeff Bennion Sent: Thursday, June 16, 2016 3:07 PM To: Michael Ring Subject: RE: Moler v. Hulme Ok, printed and mailed it is. Sent from Outlook for Android On Thu, Jun 16, 2016 at 3:04 PM -0700, "Michael Ring" wrote: Jeff: Today is the last day for response. Please comply with your discovery obligations. Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. 1 Michael Ring From: Jeff Bennion Sent: Thursday, June 16, 2016 3:02 PM To: Michael P. Ring Subject: Moler v. Hulme I have verifications and responses, but at someone else's office today with no scanner. I can print it out and put it in their outgoing mail, our email it to you tonight. I'll let you choose. Sent from Outlook for Android Michael Ring From: Jeff Bennion Sent: Friday, June 17, 2016 3:01 PM To: Michael Ring Subject: RE: MOLER V. HULME I mailed the responses yesterday in compliance with the code. Let me know if you don't get them by Tuesday. What are your blackout dates for the rest of the month? Let me know and I'll get dates with my expert that match your schedule. Please do the same with your expert. From: Michael Ring [rnailto:mpr@ringlaw.net] Sent: Friday, June 17, 2016 10:52 AM To: Jeff Bennion Subject: MOLER V. HULME Jeff: We did not receive your clients' discovery responses by email nor US Mail. As such, all objections are waived. I do not wish to waste the Court's time with a motion to compel, but will do so if the responses are not received via email today. Additionally, you never got back to me regarding setting the expert witness depositions. What is the status? Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. 1 Michael Ring From: Jeff Bennion Sent: Friday, June 17, 2016 3:26 PM To: Michael Ring Subject: RE: MOLER V. HULME Nothing disingenuous. I told you yesterday that I don't have access to a scanner. I'm on vacation this week. I'm not in my office this week. I don't have signed copies of discovery and verifications scanned in to send you. I had to go to a Kinkos to get hard copies copied and mailed. I asked you yesterday if you want to wait a few hours past 5 to get e-mailed versions and you said no, so here we are. From: Michael Ring [mailto:mpr@ringlaw.net] Sent: Friday, June 17, 2016 3:19 PM To: Jeff Bennion Subject: RE: MOLER V. HULME Jeff: While I suspect that your responses "comply" with the CCP, it is quite disingenuous at best to send them to me in a manner such that if I don't receive them for 5 days I should let you know. This is especially so when everything in this matter has been sent by email. You know full well that you have an electronic copy of the responses. Send them now. As to the dates for the expert depos, I am out of the office from June 24 through July 2. Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. 1 Michael Ring From: Jeff Bennion Sent: Tuesday, June 21, 2016 10:03 PM To: Michael Ring Subject: Moler v. Hulme How is the 6th, 7th or 8th? What are your expert's dates of availability? Jeff M. Bennion, Esq. THE LAW OFFICE OF JEFF BENNION 2869 India St. San Diego, CA 92103 (619) 609-7198 www.jbennionlaw.com The information contained in this electronic message is confidential information intended only for the use of the individual to whom it is addressed. 1 Michael Ring From: Jeff Bennion Sent: Tuesday, June 21, 2016 12:05 PM To: Michael Ring Subject: RE: MOLER V. HULME Yes, I should get dates today as well. He's the only one I want. From: Michael Ring [mailto:mpr@ringlaw.net] Sent: Tuesday, June 21, 2016 12:04 PM To: Jeff Bennion Subject: MOLER V. HULME Jeff: Are you still looking to take only Mr. Schwartz' deposition? I am working on getting dates for him and want to make sure that is the only one you want. Also, what dates do you have for Mr. Mann's deposition? Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. 1 Michael Ring From: Jeff Bennion Sent: Tuesday, June 21, 2016 12:05 PM To: Michael Ring Subject: RE: MOLER V. HULME Yes, I should get dates today as well. He's the only one I want. From: Michael Ring [mailto:mpr@ringlaw.net] Sent: Tuesday, June 21, 2016 12:04 PM To: Jeff Bennion Subject: MOLER V. HULME Jeff: Are you still looking to take only Mr. Schwartz' deposition? I am working on getting dates for him and want to make sure that is the only one you want. Also, what dates do you have for Mr. Mann's deposition? Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. 1 Michael Ring From: Jeff Bennion Sent: Wednesday, June 22, 2016 10:11 AM To: Michael Ring Subject: RE: Maier y. Hulme Those are the dates for my guy. Pretend for the 7th or 8th. Sent from Outlook for Android On Wed, Jun 22, 2016 at 10:08 AM -0700, "Michael Ring" wrote: Jeff: I will check. What about your guy? Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. Michael Ring From: Jeff Bennion Sent: Wednesday, June 22, 2016 10:17 AM To: Michael Ring Subject: RE: Moler v. Hulme Sorry, preference for those dates. Autocorrect. It would be good if we could do these within a day of each other. Sent from Outlook for Android On Wed, Jun 22, 2016 at 10:15 AM -0700, "Michael Ring" wrote: Sorry, I thought you were saying those are dates for Schwartz. What do you mean "Pretend for the 7th or 8th."? Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. Michael Ring From: Jeff Bennion Sent: Wednesday, June 22, 2016 4:55 PM To: Michael Ring Subject: Re: MOLER V. HULME Speaking at a cle right now. Will address this later. Sent from Outlook for Android On Wed, Jun 22, 2016 at 1:10 PM -0700, "Michael Ring" wrote: Jeff: I have been trying to get the schedule set for the expert depositions, etc., and note that we are getting crunched by various factors, including our respective schedules, other un-related matters, and simply the march of time. I have taken the liberty of speaking with the Court's secretary regarding the Court's trial calendar, and he is set with 7 matters for our date, but will get very open as it progresses into late July or August. I have contacted my client, who indicates that she is not adverse to moving the trial date back a bit to allow us all to finish the expert depositions, etc. So, are you and your clients amenable to seeking an order from the Court moving the trial date? If so, I will prepare the Stip and Order for your signature and submission to the Court. Let me know. Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-mail message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system. Thank you. 1 Michael tin From: Jeff Bennion Sent Thursday, June 23, 2016 3:14 PM To: Michael Ring Subject: RE: MOLER V. HULME Attachments: NOD Schwartz.pdf I don't know what the various factors are that are crunching you, but I have been asking you for depo dates for Mr. Schwartz for a month. You and your expert know the trial date and that his depo needs to be taken before trial. We absolutely oppose any motion to continue. This case is 3 years old. It's time to just try it, with or without your expert. I have moved things around, my clients have moved things around, you and your expert need to do the same. I am noticing his depo. If he does not show, I will move to compel or in the alternative, to have him excluded. From: Michael Ring [mailto:mpr@ringlaw.net] Sent: Wednesday, June 22, 2016 1:10 PM To: Jeff Bennion Subject: MOLER V. HULME Jeff: I have been trying to get the schedule set for the expert depositions, etc., and note that we are getting crunched by various factors, including our respective schedules, other un-related matters, and simply the march of time. I have taken the liberty of speaking with the Court's secretary regarding the Court's trial calendar, and he is set with 7 matters for our date, but will get very open as it progresses into late July or August. I have contacted my client, who indicates that she is not adverse to moving the trial date back a bit to allow us all to finish the expert depositions, etc. So, are you and your clients amenable to seeking an order from the Court moving the trial date? If so, I will prepare the Stip and Order for your signature and submission to the Court. Let me know. Michael P. Ring RING & ASSOCIATES 1234 SANTA BARBARA STREET SANTA BARBARA CA 93101 TEL. 805-564-2333 FAX 805-564-8899 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF DESIGNATED RECIPIENTS. This e-nyl message and / or any attachments thereto may be confidential, legally privileged, and / or exempt from disclosure under applicable law. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, disclosure, dissemination or forwarding / copying of this e-mail message and / or any attachments or taking of any action in reliance on the contents therein is strictly prohibited. Please notify Ring & Associates, immediately by reply e-mail or phone 805-564-2333, and delete the original message and all attachments from your system.