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19CV349042
Santa Clara — Civil CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Stephen H. Sutro 172168 ee eae M.S
Suzanne R. Fogarty (SBN 154319)
DUANE MORRIS LLP Electronically Filed
One Market Plaza, Spear Tower, Suite 2200, San Francisco, CA 94105 by Superior Court of CA,
TELEPHONE NO.: 415-957-3000 FAX NO. (Optional): 415-957-3001
County of Santa Clara,
on 11/24/2021 11:59 AM
eviewed By: M. Sorum
Case #19CV349042
Envelope: 7734670
E-MAIL ADDRESS (Optional): SHSutro@DuaneMorris.com
ATTORNEY FOR (Name): Plaintiff, SUNPOWER CORPORATION
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS: 191 N. First Street
city anp zip cove: San Jose, CA 95113
BRANCH NAME: Downtown Courthouse
PLAINTIFF/PETITIONER: SunPower Corporation
DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries, Inc., GAF Energy
REQUEST FOR DISMISSAL case numer: 19CV349042
Aconformed copy will not be returned by the clerk unless a method of return is provided with the document.
This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action ina
class action. (Cal. Rules of Court, rules 3.760 and 3.770.)
1. TO THE CLERK: Please dismiss this action as follows:
a. (1) EX] With prejudice (2) (] Without prejudice
b. (1) J Complaint (2) C0 Petition
(3) BX) Cross-complaint filed by (name): Standard Industries, Inc. on (date): March 30, 2020
(4) BJ Cross-complaint filed by (name): GAF Energy LLP on (date): August 6, 2020
(5) KX Entire action of all parties and all causes of action
(6) FL) Other (specify):*
2. (Complete in all cases except family law cases.)
The court []did [did not waive court fees and costs for a party in this case. (This information may be obtained from
the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed).
Date: November 23, 2021
Suzanne R. Fogarty » ee z. Fogauty
(SIGNATUREY
“If dismissal requested is of specified parties only of specified causes of action Attorney or party without attorney for:
only, or of specified cross-complaints only, so state and identify the parlies, causes intift/Petiti
Of deton, oF crose-complainis to be diemissed, 1 Plaintitf/Petitioner [1 Defendant/Respondent
[_Cross-Complainant
(TYPE OR PRINT NAME oF [X] attorney [_] PaRTY WITHOUT ATTORNEY)
TO THE CLERK: Consent to the above dismissal is hereby given.**
Date: November 23, 2021
> Sohn Ut Neko
v
John M. Neukom
(TYPE OR PRINT NAME OF [XJ aTTorNey [_] Party WITHOUT ATTORNEY) (SIGNATURE)
** If a cross-complaint — or Response (Family Law) seeking affirmative Attorney or party without attorney for:
relief — is on file, the attomey for cross-complainant (respondent) must eee
sign this consent if required by Code of Civil Procedure section 581 (i) or C1 Plaintiff/Petitioner (1 Defendant/Respondent
@.
EX] Cross-Complainant Counsel for Standard Industries, Inc.
and GAF Energy LLC
(To be completed by clerk)
4. Ll Dismissal entered as requested on (date): 11/24/2021 11:59 AM
5 [LJ Dismissal entered on (date): as to only (name):
6. LJ Dismissal not entered as requested for the following reasons (specify):
7. a. J Attorney or party without attorney notified on (date): 11/24/2021 11:59 AM
b. LJ Attorney or party without attorney not notified. Filing party failed to provide
[ela copy to be conformed CO means to return conformed copy
Date: Clerk, by MiSorum , Deputy
11/24/2021 11:59 AM
Page 1 of2
Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.;
“dill Gounal of California REQUEST FOR DISMISSAL Gov. Code, § 68637(6) Cal. Rules of Court, rule 3.1390
CIV-110 [Rev. Jan. 1, 2013] wwvw.courts.ca.gov
jorumCIV-110
PLAINTIFF/PETITIONER: SunPower Corporation
CASE NUMBER:
DEFENDANT/RESPONDENT: Martin DeBono, et al. 19CV349042
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or
more in value by way of settlement, compromise, arbitration award, mediation settlement, or other
means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until
the lien is satisfied. (Gov. Code, § 68637.)
Declaration Concerning Waived Court Fees
1. The court waived court fees and costs in this action for (name):
2. The person named in item 1 is (check one below):
a. LJ notrecovering anything of value by this action.
b. [1 recovering less than $10,000 in value by this action.
c. [1 recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3. (1 Allcourt fees and court costs that were waived in this action have been paid to the court (check one): OO Yes
ONo
| declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
»
(TYPE OR PRINT NAME OF [_] ATTORNEY [_] PARTY MAKING DECLARATION) (SIGNATURE)
CIV-110 [Rev. January 1, 2013]
REQUEST FOR DISMISSAL
Page 2 of 210
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PROOF OF SERVICE
SunPower Corporation v. Martin DeBono, Standard Industries, Inc., GAF Energy;
and DOES 1 - 100
Santa Clara County Superior Court, Action No. 19CV349042
Tam a citizen of the United States, over the age of 18 years, and not a party to interested in
the cause. I am an employee with Duane Morris LLP and my business address is One Market Plaza,
Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s
practices for collecting and processing correspondence for mailing with the United States Postal
Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the
date stated below, I served the following documents:
REQUEST FOR DISMISSAL
BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed
to the person(s) set forth below, and placed the envelope for collection and mailing
following our ordinary business practices, which are that on the same day
correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with the United States Postal Service in San Francisco, California,
in a sealed envelope with postage fully prepaid. OR
I enclosed the documents in a sealed envelope or package addressed to the
person(s) set forth below, and deposited the sealed envelope with the United States
Postal Service, with the postage fully prepaid.
BY MESSENGER SERVICE: I enclosed the documents in an envelope or package
addressed to the person(s) set forth below and providing the package(s) to a
professional messenger service for same day delivery service.
BY PERSONAL SERVICE: I personally delivered the documents to the persons at
the addresses listed below. (1) For a party represented by an attorney, delivery was
made to the attorney or the attorney’s office by leaving the documents in an envelope
or package clearly labeled to identify the attorney being served with a receptionist or
an individual in charge of the office. (2) For a party, delivery was made to the party or
by leaving the documents at the party’s residence with some person not less than 18
years of age between the hours of eight in the morning and six in the evening.
BY OVERNIGHT DELIVERY: I enclosed the documents in a sealed envelope or
package provided by FedEx and addressed to the person(s) listed below by placing the
envelope or package(s) for collection and transmittal by FedEx pursuant to my firm’s
ordinary business practices, which are that on the same day a FedEx envelope or
package is placed for collection, it is deposited in the ordinary course of business with
FedEx for overnight delivery, with all charges fully prepaid.
BY FACSIMILE: Based on a court order or an agreement of the parties to accept
service by fax transmission, I faxed the documents to the person(s) at the fax
number(s) listed below. No error was reported by the fax machine that I used. A copy
of the record of the fax transmission(s), which I printed out, is attached.
BY ELECTRONIC SERVICE: VIA E-Service by vendor Nationwide Legal LLC
on all counsel on November 24, 2021.
ad
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PROOF OF SERVICE
DM1\10284992.210
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Cheryl A. Cauley, Esq.
Natalie Sanders, Esq.
Baker Botts L.L.P.
1001 Page Mill Road
Building One, Suite 200
Palo Alto, CA 94304
Telephone: 650-739-7500
E-mail: cheryl.cauley@bakerbotts.com
natalie.sanders@bakerbotts.com
KARAN S. DHADIALLA (SBN 296313)
BAKER BOTTS L.L.P.
101 California St., Suite 3600
San Francisco, CA 94111
Telephone: +1.415.291.6200
Fax: +1.415.291.6300
E-mail: karan.dhadialla@bakerbotts.com
John (Jay) Neukom, Esq.
Caroline Van Ness, Esq.
Michelle Kao, Esq.
Skadden, Arps, Slate, Meagher & Flom
LLP
525 University Avenue, Suite 1400
Palo Alto, CA 94301-1908
Telephone: 650.470.4560
E-mail: john.neukom@skadden.com
Caroline. VanNess@skadden.com
Michelle.Kao@skadden.com
Abraham A. Tabaie, Esq.
Raza Rasheed, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP
300 S. Grand Avenue, Suite 3400
Los Angeles, CA 90071
E-mail: atabaie@skadden.com
raza.rasheed@skadden.com
Counsel for Defendant, Martin DeBono
Via Electronic Service
Counsel for Defendant, Martin DeBono
Via Electronic Service
Counsel for Defendants, Standard/GAF
Energy
Via Electronic Service
Counsel for Defendants, Standard/GAF
Energy
Via Electronic Service
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: November 24, 2021
/s/_ Jean Marie Reed
Jean Marie Reed
3
PROOF OF SERVICE
DM1\10284992.2
Preview
19CV349042 Santa Clara — Civil CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Stephen H. Sutro 172168 ee eae M.S Suzanne R. Fogarty (SBN 154319) DUANE MORRIS LLP Electronically Filed One Market Plaza, Spear Tower, Suite 2200, San Francisco, CA 94105 by Superior Court of CA, TELEPHONE NO.: 415-957-3000 FAX NO. (Optional): 415-957-3001 County of Santa Clara, on 11/24/2021 11:59 AM eviewed By: M. Sorum Case #19CV349042 Envelope: 7734670 E-MAIL ADDRESS (Optional): SHSutro@DuaneMorris.com ATTORNEY FOR (Name): Plaintiff, SUNPOWER CORPORATION SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street city anp zip cove: San Jose, CA 95113 BRANCH NAME: Downtown Courthouse PLAINTIFF/PETITIONER: SunPower Corporation DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries, Inc., GAF Energy REQUEST FOR DISMISSAL case numer: 19CV349042 Aconformed copy will not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action ina class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) EX] With prejudice (2) (] Without prejudice b. (1) J Complaint (2) C0 Petition (3) BX) Cross-complaint filed by (name): Standard Industries, Inc. on (date): March 30, 2020 (4) BJ Cross-complaint filed by (name): GAF Energy LLP on (date): August 6, 2020 (5) KX Entire action of all parties and all causes of action (6) FL) Other (specify):* 2. (Complete in all cases except family law cases.) The court []did [did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed). Date: November 23, 2021 Suzanne R. Fogarty » ee z. Fogauty (SIGNATUREY “If dismissal requested is of specified parties only of specified causes of action Attorney or party without attorney for: only, or of specified cross-complaints only, so state and identify the parlies, causes intift/Petiti Of deton, oF crose-complainis to be diemissed, 1 Plaintitf/Petitioner [1 Defendant/Respondent [_Cross-Complainant (TYPE OR PRINT NAME oF [X] attorney [_] PaRTY WITHOUT ATTORNEY) TO THE CLERK: Consent to the above dismissal is hereby given.** Date: November 23, 2021 > Sohn Ut Neko v John M. Neukom (TYPE OR PRINT NAME OF [XJ aTTorNey [_] Party WITHOUT ATTORNEY) (SIGNATURE) ** If a cross-complaint — or Response (Family Law) seeking affirmative Attorney or party without attorney for: relief — is on file, the attomey for cross-complainant (respondent) must eee sign this consent if required by Code of Civil Procedure section 581 (i) or C1 Plaintiff/Petitioner (1 Defendant/Respondent @. EX] Cross-Complainant Counsel for Standard Industries, Inc. and GAF Energy LLC (To be completed by clerk) 4. Ll Dismissal entered as requested on (date): 11/24/2021 11:59 AM 5 [LJ Dismissal entered on (date): as to only (name): 6. LJ Dismissal not entered as requested for the following reasons (specify): 7. a. J Attorney or party without attorney notified on (date): 11/24/2021 11:59 AM b. LJ Attorney or party without attorney not notified. Filing party failed to provide [ela copy to be conformed CO means to return conformed copy Date: Clerk, by MiSorum , Deputy 11/24/2021 11:59 AM Page 1 of2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; “dill Gounal of California REQUEST FOR DISMISSAL Gov. Code, § 68637(6) Cal. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] wwvw.courts.ca.gov jorumCIV-110 PLAINTIFF/PETITIONER: SunPower Corporation CASE NUMBER: DEFENDANT/RESPONDENT: Martin DeBono, et al. 19CV349042 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, § 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (name): 2. The person named in item 1 is (check one below): a. LJ notrecovering anything of value by this action. b. [1 recovering less than $10,000 in value by this action. c. [1 recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. (1 Allcourt fees and court costs that were waived in this action have been paid to the court (check one): OO Yes ONo | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: » (TYPE OR PRINT NAME OF [_] ATTORNEY [_] PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 210 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE SunPower Corporation v. Martin DeBono, Standard Industries, Inc., GAF Energy; and DOES 1 - 100 Santa Clara County Superior Court, Action No. 19CV349042 Tam a citizen of the United States, over the age of 18 years, and not a party to interested in the cause. I am an employee with Duane Morris LLP and my business address is One Market Plaza, Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s practices for collecting and processing correspondence for mailing with the United States Postal Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the date stated below, I served the following documents: REQUEST FOR DISMISSAL BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the person(s) set forth below, and placed the envelope for collection and mailing following our ordinary business practices, which are that on the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in San Francisco, California, in a sealed envelope with postage fully prepaid. OR I enclosed the documents in a sealed envelope or package addressed to the person(s) set forth below, and deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. BY MESSENGER SERVICE: I enclosed the documents in an envelope or package addressed to the person(s) set forth below and providing the package(s) to a professional messenger service for same day delivery service. BY PERSONAL SERVICE: I personally delivered the documents to the persons at the addresses listed below. (1) For a party represented by an attorney, delivery was made to the attorney or the attorney’s office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. BY OVERNIGHT DELIVERY: I enclosed the documents in a sealed envelope or package provided by FedEx and addressed to the person(s) listed below by placing the envelope or package(s) for collection and transmittal by FedEx pursuant to my firm’s ordinary business practices, which are that on the same day a FedEx envelope or package is placed for collection, it is deposited in the ordinary course of business with FedEx for overnight delivery, with all charges fully prepaid. BY FACSIMILE: Based on a court order or an agreement of the parties to accept service by fax transmission, I faxed the documents to the person(s) at the fax number(s) listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission(s), which I printed out, is attached. BY ELECTRONIC SERVICE: VIA E-Service by vendor Nationwide Legal LLC on all counsel on November 24, 2021. ad 2 PROOF OF SERVICE DM1\10284992.210 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cheryl A. Cauley, Esq. Natalie Sanders, Esq. Baker Botts L.L.P. 1001 Page Mill Road Building One, Suite 200 Palo Alto, CA 94304 Telephone: 650-739-7500 E-mail: cheryl.cauley@bakerbotts.com natalie.sanders@bakerbotts.com KARAN S. DHADIALLA (SBN 296313) BAKER BOTTS L.L.P. 101 California St., Suite 3600 San Francisco, CA 94111 Telephone: +1.415.291.6200 Fax: +1.415.291.6300 E-mail: karan.dhadialla@bakerbotts.com John (Jay) Neukom, Esq. Caroline Van Ness, Esq. Michelle Kao, Esq. Skadden, Arps, Slate, Meagher & Flom LLP 525 University Avenue, Suite 1400 Palo Alto, CA 94301-1908 Telephone: 650.470.4560 E-mail: john.neukom@skadden.com Caroline. VanNess@skadden.com Michelle.Kao@skadden.com Abraham A. Tabaie, Esq. Raza Rasheed, Esq. Skadden, Arps, Slate, Meagher & Flom LLP 300 S. Grand Avenue, Suite 3400 Los Angeles, CA 90071 E-mail: atabaie@skadden.com raza.rasheed@skadden.com Counsel for Defendant, Martin DeBono Via Electronic Service Counsel for Defendant, Martin DeBono Via Electronic Service Counsel for Defendants, Standard/GAF Energy Via Electronic Service Counsel for Defendants, Standard/GAF Energy Via Electronic Service I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: November 24, 2021 /s/_ Jean Marie Reed Jean Marie Reed 3 PROOF OF SERVICE DM1\10284992.2