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JOHN L. SUPPLE (SBN: 94582)
1 jsupple@jsupplelaw.com
ROBERT R. DEERING (SBN: 258043) ELECTRONICALLY
2 rdeering@jsupplelaw.com
MADELEINE LOUGH-STEVENS (SBN: 323789) F I L E D
3 mlough-stevens@jsupplelaw.com
Superior Court of California,
County of San Francisco
JSUPPLE LAW
4 A Professional Corporation 01/17/2020
Clerk of the Court
990 Fifth Avenue BY: DAVID YUEN
5
San Rafael, CA 94901
Deputy Clerk
6 Telephone: (415) 366-5533
Facsimile: (415) 480-6301
7
Attorneys for Defendants
8 DANIELLE LANE, M.D., MARK FAN, M.D., and
9 DANIELLE E. LANE, M.D., INC. dba LANE
FERTILITY INSTITUTE
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SAN FRANCISCO
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Reservation Number: 01160227-09
� 5 13 PATRICK WILLIAMS RODRIGUEZ and
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15 • Plaintiff Patrick Williams Rodriguez and Claudious Williams Rodriguez, through
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16 counselofrecord, Hersh & Hersh.
17 -AND-
18 2. CASEY FREITAS, an individual v. DANIELLE LANE, MD., MARK FAN, MD., and
19 DANIELLE E. LANE, MD., INC. dba LANE FERTILITY INSTITUTE, San Francisco
20 County Superior Court Case No. CGC-19-580659:
21 • Parties that have appeared:
22 o Plaintiff Casey Freitas; through counsel of record, Hersh & Hersh.
23 o Defendants, Danielle Lane, M.D., Mark Fan, M.D., and Danielle E. Lane,
24 M.D., Inc. dba Lane Fertility Institute through counsel of record, J Supple
25 Law, P.C. only as it relates to the filing ofthe instant notice ofmotion.
26 Consolidation is requested for all purposes. This motion is made on the ground that both
27 of the above-mentioned lawsuits relate to fertility care and treatment provided by Defendants
28 Danielle Lane, M.D., Mark Fan, M.D., and Danielle E. Lane, M.D., Inc. dba Lane Fertility Institute
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DEFENDANTS' NOTICE OF MOTION TO CONSOLIDATE ACTIONS
1 to Plaintiffs Patrick Williams Rodriguez and Claudious Williams Rodriguez and their surrogate,
2 Casey Freitas, from January 2019 through May 2019. At a minimum, consolidating the matters
3 into one matter and having a single trial will avoid unnecessary costs and delays and will serve the
4 interests of economy and convenience.
5 Pursuant to California Rule of Court 3.350(a), this Notice of Motion is being filed in each
6 case sought to be consolidated, but the supporting points and authorities, declaration, and all other
7 supporting papers are only being filed in the lowest-numbered case, PATRICK WILLIAMS
8 RODRIGUEZ and CLA UDIOUS WILLIAMS RODRIGUEZ, individuals v. DANIELLE LANE,
9 MD., MARK FAN, MD., and DANIELLE E. LANE, MD., INC dba LANE FERTILITY
10 INSTITUTE, San Francisco County Superior Court Case No. CGC-19-580309.
11 This motion is based upon this Notice of Motion and Motion; the accompanymg
12 Memorandum of Points and Authorities; Declaration of Madeleine Lough-Stevens and exhibits
13 thereto, and upon such additional evidence or authorities and argument as may be presented in any
14 reply papers and at the hearing on this motion.
15 ///
16 ///
17 ///
18 ///
19 ///
20 Ill
21 ///
22 Ill
23 Ill
24 Ill
25 Ill
26 Ill/
27 Ill
28 ///
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DEFENDANTS' NOTICE OF MOTION TO CONSOLIDATE ACTIONS
1 Tentative Ruling Notice: San Francisco Superior court utilizes the tentative ruling process
2 for law and motion. Pursuant to San Francisco County Superior Court, tentative rulings are
3 generally available at 3 p.m. the day before the hearing. To obtain a tentative ruling, parties are to
4 call (415) 551-4000, follow the prompts or simply enter 1111, then enter the 6-digit case number
5 followed by the# sign. "After dialing, if you hear this message, 'the case number entered cannot
6 be found in our files,' itsimply means that the Judge is still working on your case and has not
7 issued a tentative ruling on your matter yet."
b, 2020
8
Dated: January ( J SUPPLE LAW
9 A Professional Corporation
10
11
By: ___________,______
£:---
12 JOHN L. SUPPLE
ROBERT R. DEE G
13 MADELEINE LOUGH-STEVENS
14 Attorneys for Defendants
15 DANIELLE LANE, M.D., MARK FAN, M.D.,
AND DANIELLE E. LANE, M.D., INC. DBA
16 LANE FERTILITY INSTITUTE
17
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20 F:\RODRIGUEZ vs. Lane [986]\Motions\Motion to Consolidate\RODRIGUEZ - Notice of Motion to Consolidate.docx
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DEFENDANTS' NOTICE OF MOTION TO CONSOLIDATE ACTIONS
Re: Freitas v. Danielle E. Lane, MD., et al.
1 San Francisco County Superior Court Case No: CGC-19-580659
2
PROOF OF SERVICE
3
I am a resident of the State of California, over the age of eighteen years, and not a party
4 to the within action. My business address is J SUPPLE LAW, PC, 990 Fifth Avenue, San
Rafael, CA 94901. On the date indicated below, I served the within document:
5
DEFENDANTS' NOTICE OF MOTION TO CONSOLIDATE ACTIONS
6
7 D by placing a true copy thereof enclosed in a sealed envelope, at a station designated
for collection and processing of envelopes and packages for overnight delivery by
8 FedEx as part of the ordinary business practices of J SUPPLE LAW, PC described
below, addressed as follows:
9 D by placing a true copy thereof enclosed in a sealed envelope, at a station designated
for collection and processing of envelopes and packages for overnight delivery by
10 Golden State Overnight as part of the ordinary business practices of J SUPPLE
LAW, PC described below, addressed as follows:
11
� by placing the document(s) listed above in a sealed envelope with postage thereon
u .... fully prepaid, in United States Mail in the State of California at San Rafael,
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Q,I 14 Attorneys for Plaintiffs
��.;'S Nancy Hersh, Esq.
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15 Kate Hersh-Boyle, Esq.
Cl:l
Montana Baker, Esq.
16 HERSH and HERSH
601 Van Ness Avenue, Suite 2080
17 San Francisco, CA 94102
Tel: (415) 441-5544
18 Fax: (415) 441-7586
Email:
19
I am readily familiar with the firm's practice of collection and processing correspondence
20 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
21 motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after the date of deposit for mailing in affidavit.
22
I declare under penalty of perjury under the laws of the State of California that the above
23 is true and correct.
24 Executed on January [J_, 2020, at San Rafael, California.
25
26
Kathleen A. Sovyak
27
28
-1-
PROOF OF SERVICE
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JOHN L. SUPPLE (SBN: 94582) 1 jsupple@jsupplelaw.com ROBERT R. DEERING (SBN: 258043) ELECTRONICALLY 2 rdeering@jsupplelaw.com MADELEINE LOUGH-STEVENS (SBN: 323789) F I L E D 3 mlough-stevens@jsupplelaw.com Superior Court of California, County of San Francisco JSUPPLE LAW 4 A Professional Corporation 01/17/2020 Clerk of the Court 990 Fifth Avenue BY: DAVID YUEN 5 San Rafael, CA 94901 Deputy Clerk 6 Telephone: (415) 366-5533 Facsimile: (415) 480-6301 7 Attorneys for Defendants 8 DANIELLE LANE, M.D., MARK FAN, M.D., and 9 DANIELLE E. LANE, M.D., INC. dba LANE FERTILITY INSTITUTE 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 u .... 12 IN AND FOR THE COUNTY OF SAN FRANCISCO � � � ..,,. O'\ ::::, Reservation Number: 01160227-09 � 5 13 PATRICK WILLIAMS RODRIGUEZ and >< O'\ <� u< � ..c r-:l ..: ii:: QJ 14 Inc. dba Lane Fertility Institute through counsel ofrecord, J Supple Law, P.C.; and lZ � = i:i.. en °' ;;:, i:i.. 0 °' � 15 • Plaintiff Patrick Williams Rodriguez and Claudious Williams Rodriguez, through en 16 counselofrecord, Hersh & Hersh. 17 -AND- 18 2. CASEY FREITAS, an individual v. DANIELLE LANE, MD., MARK FAN, MD., and 19 DANIELLE E. LANE, MD., INC. dba LANE FERTILITY INSTITUTE, San Francisco 20 County Superior Court Case No. CGC-19-580659: 21 • Parties that have appeared: 22 o Plaintiff Casey Freitas; through counsel of record, Hersh & Hersh. 23 o Defendants, Danielle Lane, M.D., Mark Fan, M.D., and Danielle E. Lane, 24 M.D., Inc. dba Lane Fertility Institute through counsel of record, J Supple 25 Law, P.C. only as it relates to the filing ofthe instant notice ofmotion. 26 Consolidation is requested for all purposes. This motion is made on the ground that both 27 of the above-mentioned lawsuits relate to fertility care and treatment provided by Defendants 28 Danielle Lane, M.D., Mark Fan, M.D., and Danielle E. Lane, M.D., Inc. dba Lane Fertility Institute -2- DEFENDANTS' NOTICE OF MOTION TO CONSOLIDATE ACTIONS 1 to Plaintiffs Patrick Williams Rodriguez and Claudious Williams Rodriguez and their surrogate, 2 Casey Freitas, from January 2019 through May 2019. At a minimum, consolidating the matters 3 into one matter and having a single trial will avoid unnecessary costs and delays and will serve the 4 interests of economy and convenience. 5 Pursuant to California Rule of Court 3.350(a), this Notice of Motion is being filed in each 6 case sought to be consolidated, but the supporting points and authorities, declaration, and all other 7 supporting papers are only being filed in the lowest-numbered case, PATRICK WILLIAMS 8 RODRIGUEZ and CLA UDIOUS WILLIAMS RODRIGUEZ, individuals v. DANIELLE LANE, 9 MD., MARK FAN, MD., and DANIELLE E. LANE, MD., INC dba LANE FERTILITY 10 INSTITUTE, San Francisco County Superior Court Case No. CGC-19-580309. 11 This motion is based upon this Notice of Motion and Motion; the accompanymg 12 Memorandum of Points and Authorities; Declaration of Madeleine Lough-Stevens and exhibits 13 thereto, and upon such additional evidence or authorities and argument as may be presented in any 14 reply papers and at the hearing on this motion. 15 /// 16 /// 17 /// 18 /// 19 /// 20 Ill 21 /// 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill/ 27 Ill 28 /// -3- DEFENDANTS' NOTICE OF MOTION TO CONSOLIDATE ACTIONS 1 Tentative Ruling Notice: San Francisco Superior court utilizes the tentative ruling process 2 for law and motion. Pursuant to San Francisco County Superior Court, tentative rulings are 3 generally available at 3 p.m. the day before the hearing. To obtain a tentative ruling, parties are to 4 call (415) 551-4000, follow the prompts or simply enter 1111, then enter the 6-digit case number 5 followed by the# sign. "After dialing, if you hear this message, 'the case number entered cannot 6 be found in our files,' itsimply means that the Judge is still working on your case and has not 7 issued a tentative ruling on your matter yet." b, 2020 8 Dated: January ( J SUPPLE LAW 9 A Professional Corporation 10 11 By: ___________,______ £:--- 12 JOHN L. SUPPLE ROBERT R. DEE G 13 MADELEINE LOUGH-STEVENS 14 Attorneys for Defendants 15 DANIELLE LANE, M.D., MARK FAN, M.D., AND DANIELLE E. LANE, M.D., INC. DBA 16 LANE FERTILITY INSTITUTE 17 18 19 20 F:\RODRIGUEZ vs. Lane [986]\Motions\Motion to Consolidate\RODRIGUEZ - Notice of Motion to Consolidate.docx 21 22 23 24 25 26 27 28 -4- DEFENDANTS' NOTICE OF MOTION TO CONSOLIDATE ACTIONS Re: Freitas v. Danielle E. Lane, MD., et al. 1 San Francisco County Superior Court Case No: CGC-19-580659 2 PROOF OF SERVICE 3 I am a resident of the State of California, over the age of eighteen years, and not a party 4 to the within action. My business address is J SUPPLE LAW, PC, 990 Fifth Avenue, San Rafael, CA 94901. On the date indicated below, I served the within document: 5 DEFENDANTS' NOTICE OF MOTION TO CONSOLIDATE ACTIONS 6 7 D by placing a true copy thereof enclosed in a sealed envelope, at a station designated for collection and processing of envelopes and packages for overnight delivery by 8 FedEx as part of the ordinary business practices of J SUPPLE LAW, PC described below, addressed as follows: 9 D by placing a true copy thereof enclosed in a sealed envelope, at a station designated for collection and processing of envelopes and packages for overnight delivery by 10 Golden State Overnight as part of the ordinary business practices of J SUPPLE LAW, PC described below, addressed as follows: 11 � by placing the document(s) listed above in a sealed envelope with postage thereon u .... fully prepaid, in United States Mail in the State of California at San Rafael, � =""" 12 � O'I Q,I addressed as set forth below. < 13 < � � O'I � <> u � � .c ¢: ...:- Q,I 14 Attorneys for Plaintiffs ��.;'S Nancy Hersh, Esq. §;;��= Cl:l O'I 15 Kate Hersh-Boyle, Esq. Cl:l Montana Baker, Esq. 16 HERSH and HERSH 601 Van Ness Avenue, Suite 2080 17 San Francisco, CA 94102 Tel: (415) 441-5544 18 Fax: (415) 441-7586 Email: 19 I am readily familiar with the firm's practice of collection and processing correspondence 20 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 21 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. 22 I declare under penalty of perjury under the laws of the State of California that the above 23 is true and correct. 24 Executed on January [J_, 2020, at San Rafael, California. 25 26 Kathleen A. Sovyak 27 28 -1- PROOF OF SERVICE