Preview
1 Scott McVarish, Esq. (SBN#198095)
EMPLOYMENT LITIGATION AND
2 NEGOTIATION LAW OFFICE, A.P.C. ELECTRONICALLY
scott@teminationlitigation.com
3 3415 S. Sepulveda Boulevard, Ste. 570 F I L E D
Superior Court of California,
Los Angeles, California 90034 County of San Francisco
4 Telephone: (800) 260-1495
12/23/2019
Facsimile: (800) 628-5605 Clerk of the Court
5 BY: DAVID YUEN
Deputy Clerk
Betsy Havens, Esq. (SBN#296842)
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STRONG ADVOCATES
7 betsy@strongadvocates.com
6080 Center Drive Suite 600
8 Los Angeles, California 90045
Telephone: (800) 870-9886
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Attorneys for Plaintiff, ALEX MA
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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN FRANCISCO
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ALEX MA, an individual, ) CASE NO.: CGC-19-575647
13 )
Plaintiff, ) DECLARATION OF BETSY HAVENS IN
14 vs. ) SUPPORT OF PLAINTIFF ALEX MA’S
) MOTION TO COMPEL RESPONSES TO
15 NORTH EAST MEDICAL SERVICES, a ) FORM INTERROGATORIES—GENERAL
California corporation; AND DOES 1 through ) (SET ONE); FORM INTERROGATORIES—
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100, inclusive, ) EMPLOYMENT LAW (SET ONE);
17 ) SPECIAL INTERROGATORIES (SET
Defendants. ) ONE); REQUEST FOR PRODUCTION OF
18 ) DOCUMENTS TO DEFENDANT NORTH
) EAST MEDICAL SERVICES (SET ONE)
19 )
) [Notice of Motion; Memorandum of Points and
20 ) Authorities; Declaration of Betsy Havens;
) Separate Statement of Items in Contention; and
21 ) Proposed Order filed concurrently herewith]
)
22 ) Judge: Hon. Ethan P. Schulman
) Dept.: 302
23 )
) DATE: February 3, 2019
24 ) TIME: 9:00am
) DEPT: 302
25 )
) DISCOVERY CUT-OFF: 8/15/20
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) MSJ HEARING CUT-OFF:8/14/20
27 ) TRIAL DATE: 9/14/20
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DECLARATION OF BETSY HAVENS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL
1 DECLARATION OF BETSY HAVENS
2 I, BETSY HAVENS, declare as follows:
3 1. I am an attorney at law duly licensed to practice before all of the Courts of the
4 State of California. I am an attorney with Strong Advocates, attorneys of record for Plaintiff
Alex Ma.
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2. I have personal knowledge of the material facts set forth herein, except those
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where I have indicated my statement is based on information and belief. If called upon as a
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witness, I could competently testify thereto.
8 3. I make this Declaration in support of Plaintiff’s Motion to Compel Responses to
9 the First Sets of Plaintiff Alex Ma’s Form Interrogatories—General; Form Interrogatories—
10 Employment Law; Special Interrogatories; and Requests for Production of Documents.
4. On June 25, 2019, I propounded on Defendant North East Medical Services
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(“Defendant”), the First Sets of Plaintiff Alex Ma’s Form Interrogatories—General, Form
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Interrogatories—Employment Law; Special Interrogatories; and Requests for Production of
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Documents. True and correct copies are attached as Exhibit A.
14 5. Defendant’s response to this discovery was due July 26, 2019. (Plaintiff’s
15 response to Defendant’s written discovery was also due July 26, 2019.)
16 6. On July 17, 2019, Defendant requested and we agreed to a two week extension on
the discovery deadline until August 9, 2019. A true and correct copy of these exchanges are
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attached as Exhibit B. (Exhibit B 024).
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7. On August 2, 2019, Plaintiff proposed a stipulated protective order.
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8. On August 6, the parties mutually agreed to an extension of the discovery
20 deadlines to August 26, 2019 in order to allow parties to meet and confer regarding Plaintiff’s
21 proposed protective order. (Exhibit B 021).
22 9. On August 23, 2019, the parties mutually agreed to an extension until September
23 2, 2019 to allow parties to further meet and confer regarding Plaintiff’s proposed protective
order. (Exhibit B 008).
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10. On August 27, 2019, Defendant requested an extension until September 6, 2019.
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(Exhibit B 008).
26 11. On August 29, 2019, Defendant requested and we agreed to an extension on
27 discovery responses until October 1. Defendant stated that they anticipated receiving the “ESI
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DECLARATION OF BETSY HAVENS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL
1 next week and it will take us an additional 2-3 weeks to go through the ESI and revise [ ]
2 responses accordingly. Please let us know whether you are agreeable to an extension of our
3 discovery response deadline to October 1. Otherwise, we anticipate serving objection only
responses on September 3, as agreed upon by our prior extension.” (Exhibit B 007).
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12. Later in the day, on September 3, 2019, Defendant requested and we agreed to
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extend their discovery response deadline to October 4, 2019. (Exhibit B 006-007).
6 13. On September 12, 2019, parties’ counsel, including Scott McVarish, Marie
7 Trimble Holvick, and me, met and conferred regarding the case management issues. Ms.
8 Trimble Holvick stated that Defendant could produce documents on a rolling basis, likely
9 starting before October 4. Mr. McVarish and I agreed on behalf of Plaintiff to accept document
production on a rolling basis.
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14. On September 17, 2019, I sent an email to Defendant’s counsel memorializing
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Defendant’s willingness to produce responsive documents on a rolling basis, and requesting a
12 more definite timeline within which the documents would be produced. (Exhibit B 020).
13 15. On October 4, 2019—the day discovery was due to be served—, Defendant’s
14 counsel emailed me stating that they were unable to respond to Plaintiff’s discovery request on
15 October 4, and requesting an extension to November 1. On October 4, I countered by offering
Defendant an extension to October 21: “…[W]e are reluctant to agree to another month-long
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extension. Marie previously indicated that Defendants would be prepared to produce discovery
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responses on or by October 4, and, if they were unable to produce all of the responsive
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documents at that time, they would produce the remainder of the documents on a rolling basis. It
19 appears this promise will be left unmet as well. [A]s a compromise, we will provide you with [a]
20 two week extension as a courtesy with parties’ simultaneous exchange of discovery responses to
21 occur on October 21.”(Exhibit B 004-005).
16. On October 4, 2019, Defendant’s counsel Ms. Trimble Holvick emailed Mr.
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McVarish and I saying that Defendant had “requested a month because that is what we really
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need. . . I have learned from experience that it has (sic.) better get it right then to rush the process
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and get it wrong.” (Exhibit B 004).
25 17. On October 4, 2019, Mr. McVarish agreed to extend the discovery deadline to
26 November 1, 2019, stating “Please provide us with all of the documents by Nov 1, no rolling
27 basis.” (Exhibit B 004).
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DECLARATION OF BETSY HAVENS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL
1 18. On November 1, 2019, Defendant served Plaintiff with objection only responses
2 to all of Plaintiff’s discovery requests, including the First Sets of Plaintiff Alex Ma’s Form
3 Interrogatories—General; Form Interrogatories—Employment Law; Special Interrogatories; and
Requests for Production of Documents. Defendant did not provide any substantive responses or
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responsive documents whatsoever. A true and correct copy of Defendant’s discovery responses
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is attached as Exhibit C.
6 19. On November 1, 2019, Plaintiff served Defendant with complete responses to
7 Defendant’s discovery requests, including a production of more than 1,600 pages of documents.
8 20. On November 26, 2019, I received an email from Defendant’s attorneys
9 requesting yet another extension on its discovery deadline. Again, the request for an extension
was silent as to a deadline in which Defendants anticipated being able to produce all discovery
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responses and what documents they intended to produce. Defendants failed to indicate when
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they would be providing substantive responses to Plaintiff’s interrogatories. (Exhibit B 002).
12 21. On December 11, 2019, I sent an email to Defendant’s attorneys requesting a
13 thirty-day extension on the deadline for Plaintiff’s motion to compel. This would have provided
14 Defendant with an 82-day extension for their discovery responses, by pushing the practical date
15 of their discovery deadline until January 22, 2020 instead of the November 1, 2019 deadline.
Opposing counsel did not grant my request for an extension. (Exhibit B 002).
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22. On December 17, 2019, I sent a letter to Defendant’s attorneys in an effort to
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meet and confer with regard to Defendant’s Discovery Responses, a true and correct copy of
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which is attached as Exhibit D.
19 23. I did not receive a response to Plaintiff’s December 17, 2019 meet and confer
20 letter.
21 24. To date, Defendant has failed to provide any responses to Plaintiff’s First Sets of
Form Interrogatories—General and Form Interrogatories—Employment Law, and has failed to
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provide any responses to Plaintiff’s Special Interrogatories. Defendant has also failed to provide
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a single document in response to Plaintiff’s Request for Production of Documents (Set One).
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25. In connection with this Motion, Mr. Ma has incurred attorneys’ fees of
25 $43,818.00 (80.4 hours at $545.00) for meeting and conferring, and drafting this Motion and
26 supporting documents. I anticipate incurring an additional $9,810.00 in attorneys’ fees (18 hours
27 @ $545.00 for attending the Informal Discovery Conference, reviewing Defendant’s Opposition
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DECLARATION OF BETSY HAVENS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL
1 to the Motion, drafting a Reply brief and appearing at the hearing thereon). Based on these
2 expenses, the total amount incurred by Mr. Ma in connection with this Motion, including
3 meeting and conferring, and drafting and appearing for this motion is $53,628.00.
4 I declare under penalty of perjury under the laws of the State of California that the
5 foregoing is true and correct and that this declaration was executed this 23rd day of December,
2019 at Culver City, California.
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DECLARATION OF BETSY HAVENS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL