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1 REICKER, PFAU, PYLE & McROY LLP ELECTRONICALLY FILED
1421 State Street, Suite B
Santa Barbara, CA 93101 Superior Court of California
2
Tel (805) 966-2440 County of Santa Barbara
3 Fax (805) 966-3320 Darrel E. Parker, Executive Officer
Kevin R. Nimmons (State Bar No. 261577) 3/25/2021 5:20 PM
4 knimmons@rppmh.com By: Elizabeth Spann, Deputy
Meghan K. Woodsome (State Bar No. 272459)
5 mwoodsome@rppmh.com
Cory T. Baker (State Bar No. 315763)
cbaker@rppmh.com
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Attorneys for Defendant
7 Andrew Waters and FCP Private, LLC
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA BARBARA—ANACAPA DIVISION
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11 MARK SCHAUB, an individual; TLG LTD., CASE NO.: 20CV02113
a Hong Kong limited liability company, Assigned to Donna D. Geck, Dept. 4
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Plaintiffs,
13 NOTICE OF UNAVAILABILITY OF
v. COUNSEL FOR DEFENDANTS
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ANDREW WYLES WATERS, an individual;
15 FCP CORPORATE LTD., a Hong Kong Complaint filed: June 23, 2020
limited liability company; FCP PRIVATE,
16 LLC, a California limited liability corporation;
and DOES 1 through 10, inclusive,
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Defendants.
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20 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
21 PLEASE TAKE NOTICE that KEVIN R. NIMMONS, ESQ., attorney of record for
22 Defendants, ANDREW WYLES WATERS and FCP PRIVATE, LLC, will be unavailable for
23 the following dates in 2021: April 5-9, June 25-July 7, August 18-24, November 19-26,
24 December 24-31, inclusive, for any purpose whatsoever, including but not limited to receiving
25 notices of any kind, responding to ex parte applications, responding to written or telephonic
26 communications, and court appearances.
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NOTICE OF UNAVAILABILITY OF COUNSEL
1 I respectfully request that all issues arising during my absence be deferred until my
2 return. Please be advised that purposefully scheduling a conflicting proceeding without good
3 cause is conduct subject to sanctions pursuant to Tenderloin Housing Clinic, Inc. v. Sparks, 8
4 Cal. App. 4th 299 (1992).
5 Your courtesy and cooperation respecting this period of unavailability during the above
6 stated dates would be appreciated and mandated by governing Ethical Canons, case authority,
7 and Local Rules.
8
9 DATED: March 25, 2021 REICKER, PFAU, PYLE & MCROY LLP
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By: Kevin R. Nimmons
12 Meghan K. Woodsome
Cory T. Baker
13 Attorneys for Defendants
Andrew Waters and FCP Private, LLC
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NOTICE OF UNAVAILABILITY OF COUNSEL
1 PROOF OF SERVICE
2 I, the undersigned, say that I am a citizen of the United States, over 18 years of age, and
not a party to the within action. I am employed by the law firm of Reicker, Pfau, Pyle & McRoy
3 LLP, 1421 State Street, Ste. B, Santa Barbara, California 93101.
4 On March 25, 2021, I served the within: NOTICE OF UNAVAILABILITY OF
COUNSEL FOR DEFENDANTS on the interested parties listed below, as follows:
5
6 Matthew Donald Umhofer
Diane H. Bang
7 SPERTUS, LANDES & UMHOFER, LLP
1990 South Bundy Dr., Suite 705
8 Los Angeles, California 90025
Telephone: (310) 826-4700
9 Facsimile: (310) 826-4711
Email: matthew@spertuslaw.com
10 Email: diane@spertuslaw.com
11
12 (X) (By Mail) I caused such document to be mailed in a sealed envelope, by first-class mail,
postage fully prepaid. I am “readily familiar” with this firm’s practice of collection and
13 processing correspondence for mailing. It is deposited with the U.S. postal service on
that same day in the ordinary course of business. I am aware that on motion of party
14 served, service is presumed invalid if the postal cancellation date or postage meter date is
more than one (1) day after the date of deposit for mailing as stated in this declaration.
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( ) (By Personal Service) I caused such document to be delivered by hand.
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( ) (By FAX) I caused such document to be sent via facsimile transmission to the above-
17 listed addressee(s) and FAX number(s). This transmission was reported as complete and
without error.
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(X) ((By E-MAIL [CCP § 1010.6(a)(2)) On the date indicated on this Proof of Service, at
19 the time indicated on in the header of my electronic mail, I transmitted the foregoing
document(s) by electronic mail to one or more of the recipients at each firm indicated on
20 this Proof of Service. I caused the my computer to print or maintain a record of the
electronic mail to the recipients named in this Proof of Service, a true and correct copy of
21 which has been retained by Reicker, Pfau, Pyle & McRoy LLP in either hard copy or
electronic format in the ordinary course of business and is available for inspection if
22 necessary.
23 (X) (State) I declare under penalty of perjury pursuant to the laws of the State of California
that the foregoing is true and correct.
24
Executed March 25, 2021, at Santa Barbara, California.
25
26 _______________________________
Catrine Casper
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NOTICE OF UNAVAILABILITY OF COUNSEL
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1 REICKER, PFAU, PYLE & McROY LLP ELECTRONICALLY FILED 1421 State Street, Suite B Santa Barbara, CA 93101 Superior Court of California 2 Tel (805) 966-2440 County of Santa Barbara 3 Fax (805) 966-3320 Darrel E. Parker, Executive Officer Kevin R. Nimmons (State Bar No. 261577) 3/25/2021 5:20 PM 4 knimmons@rppmh.com By: Elizabeth Spann, Deputy Meghan K. Woodsome (State Bar No. 272459) 5 mwoodsome@rppmh.com Cory T. Baker (State Bar No. 315763) cbaker@rppmh.com 6 Attorneys for Defendant 7 Andrew Waters and FCP Private, LLC 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA BARBARA—ANACAPA DIVISION 10 11 MARK SCHAUB, an individual; TLG LTD., CASE NO.: 20CV02113 a Hong Kong limited liability company, Assigned to Donna D. Geck, Dept. 4 12 Plaintiffs, 13 NOTICE OF UNAVAILABILITY OF v. COUNSEL FOR DEFENDANTS 14 ANDREW WYLES WATERS, an individual; 15 FCP CORPORATE LTD., a Hong Kong Complaint filed: June 23, 2020 limited liability company; FCP PRIVATE, 16 LLC, a California limited liability corporation; and DOES 1 through 10, inclusive, 17 Defendants. 18 19 20 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 21 PLEASE TAKE NOTICE that KEVIN R. NIMMONS, ESQ., attorney of record for 22 Defendants, ANDREW WYLES WATERS and FCP PRIVATE, LLC, will be unavailable for 23 the following dates in 2021: April 5-9, June 25-July 7, August 18-24, November 19-26, 24 December 24-31, inclusive, for any purpose whatsoever, including but not limited to receiving 25 notices of any kind, responding to ex parte applications, responding to written or telephonic 26 communications, and court appearances. 27 /// 28 /// 1 NOTICE OF UNAVAILABILITY OF COUNSEL 1 I respectfully request that all issues arising during my absence be deferred until my 2 return. Please be advised that purposefully scheduling a conflicting proceeding without good 3 cause is conduct subject to sanctions pursuant to Tenderloin Housing Clinic, Inc. v. Sparks, 8 4 Cal. App. 4th 299 (1992). 5 Your courtesy and cooperation respecting this period of unavailability during the above 6 stated dates would be appreciated and mandated by governing Ethical Canons, case authority, 7 and Local Rules. 8 9 DATED: March 25, 2021 REICKER, PFAU, PYLE & MCROY LLP 10 11 By: Kevin R. Nimmons 12 Meghan K. Woodsome Cory T. Baker 13 Attorneys for Defendants Andrew Waters and FCP Private, LLC 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF UNAVAILABILITY OF COUNSEL 1 PROOF OF SERVICE 2 I, the undersigned, say that I am a citizen of the United States, over 18 years of age, and not a party to the within action. I am employed by the law firm of Reicker, Pfau, Pyle & McRoy 3 LLP, 1421 State Street, Ste. B, Santa Barbara, California 93101. 4 On March 25, 2021, I served the within: NOTICE OF UNAVAILABILITY OF COUNSEL FOR DEFENDANTS on the interested parties listed below, as follows: 5 6 Matthew Donald Umhofer Diane H. Bang 7 SPERTUS, LANDES & UMHOFER, LLP 1990 South Bundy Dr., Suite 705 8 Los Angeles, California 90025 Telephone: (310) 826-4700 9 Facsimile: (310) 826-4711 Email: matthew@spertuslaw.com 10 Email: diane@spertuslaw.com 11 12 (X) (By Mail) I caused such document to be mailed in a sealed envelope, by first-class mail, postage fully prepaid. I am “readily familiar” with this firm’s practice of collection and 13 processing correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of party 14 served, service is presumed invalid if the postal cancellation date or postage meter date is more than one (1) day after the date of deposit for mailing as stated in this declaration. 15 ( ) (By Personal Service) I caused such document to be delivered by hand. 16 ( ) (By FAX) I caused such document to be sent via facsimile transmission to the above- 17 listed addressee(s) and FAX number(s). This transmission was reported as complete and without error. 18 (X) ((By E-MAIL [CCP § 1010.6(a)(2)) On the date indicated on this Proof of Service, at 19 the time indicated on in the header of my electronic mail, I transmitted the foregoing document(s) by electronic mail to one or more of the recipients at each firm indicated on 20 this Proof of Service. I caused the my computer to print or maintain a record of the electronic mail to the recipients named in this Proof of Service, a true and correct copy of 21 which has been retained by Reicker, Pfau, Pyle & McRoy LLP in either hard copy or electronic format in the ordinary course of business and is available for inspection if 22 necessary. 23 (X) (State) I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. 24 Executed March 25, 2021, at Santa Barbara, California. 25 26 _______________________________ Catrine Casper 27 28 3 NOTICE OF UNAVAILABILITY OF COUNSEL