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1 JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
2 MANDY L. SMS (SBN 278352)
400 Capitol Mall, Suite 1600
3 Sacramento, Califomia 95814
Telephone: (916)341-0404 HLED/ENDOlSED
4 Facsimile: (916)341-0141
Email: james.jones(5),iacksonlewis.com AUG -9 2022
5 Email: mandv.sims@jacksonlewis.com
By; _P. Vue
6 Attomeys for Defendant Deputy Clerk
LIQUI-BOX CORPORATION
7
8 SUPERIOR COURT OF TFIE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, DECLARATION OF JAMES T. JONES
IN SUPPORT OF DEFENDANT'S
12 vs. MOTION TO ACCEPT DEFENDANT'S
EXPERT WITNESS DESIGNATION
13
LIQUI-BOX CORPORATION, and DOES 1 Date: October 20, 2022
14 through 20, inclusive. Time: 1:30 p.m.
Dept: 53 BY FAX
15 Defendants. Reservation No.: 2666068
16 Complaint Filed: March 8, 2019
Trial Date: September 12, 2022
17
18 1, James T. Jones, declare:
19 1. 1 am an attomey at law duly licensed to practice law in the State of Califomia and
20 before this Court. I am a Principal in the law firm of Jackson Lewis, P.C, attomeys of record for
21 Liqui-Box Corporation ("Defendant"). I have personal knowledge of the following facts and, if
22 called and swom as a witness, could and would competently testify thereto.
23 2. On July 1, 2022, Defendant served Defendant's Demand for Exchange of Expert
24 Witness Information pursuant to Califomia Code of Civil Procedure section 2034.210. The
25 notice inadvertently and erroneously set the initial mutual expert witness exchange for July 21,
26 2022. (A tme and correct copy of Defendant's Demand for Expert Witness Information is
27 attached hereto as Exhibit A.) The actual date for the exchange pursuant to the Code of Civil
28 Procedure should have been July 25, 2022.
!
DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S MOTION TO ACCEPT
DEFENDANT'S EXPERT WITNESS DESIGNATION
1 3. Unknown to counsel, a calendaring clerk at Jackson Lewis, P.C. calculated the
2 disclosure date pursuant to code and changed the disclosure date to July 25, 2022, because
3 Califomia Code of Civil Procedure section 2034.230(b), states: expert witness data must be
4 exchanged "no later than 50 days before the initial trial date, or 20 days after service of the
5 demand, whichever is closer to trial." According to the code, because July 25, 2022, was closer
6 to trial (September 12, 2022), the calendaring clerk changed the date in our calendaring system to
7 July 25, 2022.
8 4. On July 14, 2022, I received a pop-up reminder from Outlook that the Expert
9 Witness Disclosure was due on July 25, 2022. (A tme and correct copy of the July 14, 2022, pop-
10 up reminder is attached hereto as Exhibit B.)
11 5. My office received Plaintiffs Expert Witness Disclosure on July 21, 2022, at
12 7:33 p.m., via email. (A true and correct copy of the email dated July 21, 2022 at 7:33 p.m. and
13 Plaintiffs Expert Witness Disclosure is attached hereto as Exhibit C.) After receiving Plaintiffs
14 Expert Witness Disclosure, 1 checked with my legal assistant because I believed the disclosure
15 was not due until July 25, 2022, and my Legal Assistant confirmed the disclosure date was
16 July 25, 2022.
17 6. On July 25, 2022, 1 caused my office to serve Defendant's Expert Witness
18 Designation, via email. (A true and correct copy of Defendant's Expert Witness Designation and
19 accompanying email is attached hereto as Exhibit D.) Subsequently, I leamed that the demand
20 for exchange of expert witness information identified the exchange date as July 21, 2022, the date
21 that Plaintiff served her disclosure.
22 7. Thereafter, I called Joshua Falakassa (Plaintiffs Counsel) to discuss expert
23 witness disclosures but received no response. 1 subsequenUy received an email from Joshua
24 Falakassa (Plaintiffs Counsel) timestamped July 28, 2022 at 10:54 a.m. asserting Defendant's
25 expert witness designation was untimely and that Defendant's right to use an expert on any
26 anticipated issue was terminated. (A true and correct copy of the email dated July 28, 2022 at
27 10:54 a.m. is attached hereto as Exhibit E.)
28 ///
2
DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S MOTION TO ACCEPT
DEFENDANT'S EXPERT WITNESS DESIGNATION
8. On July 28, 2022 at 2:58 p.m., I sent an email to Joshua Falakassa (Plaintiffs
2 Counsel) explaining why Defendant had inadvertently disclosed on July 25, rather than July 21,
3 2022. 1 asked Mr. Falakassa to stipulate that Defendant's disclosure be considered timely and
4 valid due to the circumstances. I also asked him, i f he would not agree to the proposed
5 stipulation, to respond and explain what prejudice the notice on July 25, 2022, created. (A tme
6 and correct copy of my email to Joshua Falakassa (Plaintiffs Counsel) timestamped July 28,
7 2022 at 2:58 p.m. is attached hereto as Exhibit F.) I also informed him that Defendant would
8 seek relief from the Court i f Plaintiff refused the suggested stipulation. As of the date of this
9 motion, I have not received a response from Plaintiffs Counsel.
10 9. Defendant agrees to arrange for the experts who were disclosed in Defendant's
11 Expert Witness Disclosure to be available for deposition.
12 10. Denying Defendant the right to designate experts will unduly prejudice their
13 ability to present their defense in this case.
14 1 declare under penalty of perjury that the foregoing is tme and correct. This declaration
15 was executed pursuant to the laws of the State of Califomia on August 9, 2022 in Sacramento,
16 Califomia. f)
17 ^
18 JAMES T. JONES
19
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DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S MOTION TO ACCEPT
DEFENDANT'S EXPERT WITNESS DESIGNATION
EXHIBIT A
1 JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
2 KELSEY F. MORRIS (SBN 311117)
400 Capitol Mall, Suite 1600
3 Sacramento, Califomia 95814
Telephone: (916)341-0404
4 Facsimile: (916)341-0141
Email: james.jones@jacksonlewis.com
5 kelsev.morris@iacksonlewis.com
6 Attomeys for Defendant
LIQUI-BOX CORPORATION
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, DEFENDANT LIQUI-BOX
CORPORATION'S DEMAND FOR
12 vs. EXCHANGE OF E X P E R T WITNESS
INFORMATION
13
LIQUI-BOX CORPORATION, and DOES Complaint Filed: March 8, 2019
14 through 20, inclusive, Trial Date: September 12, 2022
15 Defendants.
16
17 DEMANDING PARTY: Defendant Liqui-Box Corporation
18 DATE OF EXCFIANGE: July 21, 2022
19 Defendant Liqui-Box Corporation ("Defendant") hereby demand, under Chapter 18 of the
20 Civil Discovery Act (Code of Civil Procedure section 2034.010 et seq.), that on or before July 21,
21 2022 all parties to this action participate in a mutual and simultaneous exchange of the following
22 information conceming each party's expert trial witnesses:
23 1. A written list containing the name and address of each natural person,
24 including any party, whose expert opinion testimony the responding party expects or intends to
25 offer at trial, whether orally or by deposition testimony or, in the altemative, a statement that the
26 responding party does not intend to offer the testimony of expert witnesses at trial;
27 2. I f any witness on the list to be exchanged is the responding party, an
28 employee of the responding party, or has been retained by that party for the purpose of forming
1
DEFENDANT LIQUI-BOX CORPORATION'S
DEMAND FOR EXCHANGE OF EXPERT WITNESS INFORMATION
1 and expressing an expert opinion at trial, an expert witness declaration signed by the responding
2 party's attomey of record, containing for each such witness:
3 (a) A brief narrative statement of the qualifications of the expert;
4 (b) A brief narrative statement of the general substance of the
5 testimony the expert is expected to give;
6 (c) A representation that the expert has agreed to testify at trial;
7 (d) A representation that the expert will be sufficiently familiar with
8 the pending action to submit to a meaningful oral deposition
9 conceming the specific testimony, including expert opinions and
10 their bases, that the expert is expected to give at trial; and
11 (e) A statement of the expert's hourly and daily fee for providing
12 deposition testimony and for consulting with the retaining attomey;
13 and
14 3. The production of all discoverable reports and writings, if any, made by
15 any expert described in Code of Civil Procedure section 2034.210(b) in the course of preparing
16 that expert's opinion.
17 Dated: July 1, 2022 JACKSON LEWIS P.C.
18
19 By: V
JAMES T. JONES
20 KELSEY F. MORRIS
21 Attomeys for Defendant
LIQUI-BOX CORPORATION
22
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DEFENDANT LIQUI-BOX CORPORATION'S
DEMAND FOR EXCHANGE OF EXPERT WITNESS INFORMATION
1 PROOF OF S E R V I C E
2 I am employed in the County of Sacramento, State of Califomia. I am over the age of
eighteen years and not a party to the within action; my business address is Jackson Lewis P.C,
3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814.
4 On July 1, 2022,1 served the within:
5 DEFENDANT LIQUI-BOX CORPORATION'S DEMAND FOR EXCHANGE OF
E X P E R T WITNESS INFORMATION
6
on all interested parties in said action, through their attomeys of record as listed below, by placing
7 a tme and correct copy thereof, addressed as shown below, by the following means:
8 Q PERSONAL SERVICE - by causing personal delivery of a tme and correct copy
thereof to the person at the address set forth below, in accordance with Code of Civil
9 Procedure section 1011(a).
10 Q M A I L - by placing a true and correct copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid for deposit in the United States Post Office mailbox, at
11 my business address shown above, following Jackson Lewis P.C.'s ordinary business
practices for the collection and processing of mail, of which 1 am readily familiar, and
12 addressed as set forth below. On the same day correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States
13 Postal Service.
14 Q OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed
in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility
15 regularly maintained by UPS or delivering to an authorized courier or driver
authorized by UPS to receive documents, addressed as set forth below.
16
[X] E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil
17 Procedure Section 1010.6(e)(l)(2), 1 caused the document(s) described above to be
sent from e-mail address kellv.asano@iacksonlewis.com to the person(s) at the e-mail
18 address(es) listed below. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
19 unsuccessful.
20 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246)
FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C.
21 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300
Los Angeles, CA 90067 Sacramento, CA 95814
22 Telephone: (818)456-6168 Telephone: (916)573-0469
Facsimile: (888) 505-0868 Facsimile: (866) 700-0787
23 Email: Josh@Falakassalaw.com Email: ash@libertvmanlaw.com
24 I declare under penalty of perjury under the laws of the State of Califomia that the
22 foregoing is tme and correct, and that this declaration was executed on July 1, 2022 at Roseville,
Califomia. _.
26 mmf
Kelly Asano
27 4854-4647-2743, v. 1
28
PROOF OF SERVICE
EXHIBIT B
Subject: Zaman, Sajida, Uqui-Box Corporation, ( 452123,) Date for the exchange of information
concerning expert trial witnesses (later of 50 days before initial trial date or 20 days after
service of the demand plus 2 additional court days for electronic serv...
Location: CASACRA
Start: Men 7/25/2022 12:00 AM
End: Tue 7/26/2022 12:00 AM
Show Time As: Free
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: Jones, James T. (Sacramento)
Categories: Zaman Sajida
* * * DO NOT CHANGE THE DATE OR ANY PART OF THIS ITEM * * *
Liqui-Box Corporation
Zaman, Sajida
327246-452123
Timekeepers: James Jones Team (SAC), Morris, Kelsey Frances
Date for the exchange of information concerning expert trial w/itnesses (later of 50 days before initial trial date or 20
days after service of the demand plus 2 additional court days for electronic service).
(Defendant Liqui-Box's Demand served via email on 07/01/22) CCP 2034.230(b), 2016.060, 2034.260(a), 1010.6(a)(4)(B)
Event I D : 4300188
***Please contact your local docket clerk to modify or remove this event.*'**
Deadlines Provided by CompuLaw LLC
EXHIBIT C
From: Arash Khosrowshahi
Sent: Thursday, July 21, 2022 7:33 PM
To: Asano, Kelly (Sacramento); Jones, James T. (Sacramento)
Cc: Joshua F. Falakassa - FALAKASSA LAW, P.C. (Josh@Falakassalaw.com); Kasra Torabi
Subject: Re: Service - Zaman v. Liqui-Box Corporation
Attachments: PLAINTIFF SAJIDA ZAMAN'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR
EXCHANGE.pdf
[EXTERNAL SENDER]
Counsel,
Please see the attached designation of expert witnesses.
Regards,
Arash "Ash" Khosrowshahi, Esq. (he/him)
Liberty Man Law, P.C.
1010 F Street, Ste. 300
Sacramento, CA 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
ash(ailibertvmanlaw.com
www.libertymanlaw.com
"The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
CONFIDENTIAL NOTICE:
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity
to whom they are addressed. If you have received this email in error please notify the sender. This message contains
confidential information and is intended only for the individual named. If you are not the named addressee you should
not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received
this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified
that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly
prohibited.
On Wed, Jul 20, 2022 at 10:22 AM Arash Khosrowshahi wrote:
Counsel,
Plaintiff is going to need two additional weeks to finalize our designation of expert witnesses. Can we agree to a mutual
extension on exchanging expert witness information to August 5, 2022?
Regards,
Arash "Ash" Khosrowshahi, Esq. (he/him)
Liberty Man Law, P.C.
1010 F Street, Ste. 300
Sacramento, CA 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
ash@libertvmanlaw.com
www.libertymanlaw.com
"The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
CONFIDENTIAL NOTICE:
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity
to whom they are addressed. If you have received this email in error please notify the sender. This message contains
confidential information and is intended only for the individual named. If you are not the named addressee you
should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have
received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you
are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is
strictly prohibited.
1 JOSHUA S. FALAKASSA (SBN: 295045)
FALAKASSA LAW, P.C.
2 1901 Avenue of the Stars Suite # 450
Los Angeles, Califomia 90067
3
Tel.: (818) 456-6168; Fax: (888) 505-0868
4 Email: josh(^falak;assalaw.com
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
L I B E R T Y MAN LAW, P.C.
6 1010 F Street, Ste. 300
Sacramento, Califomia 95814
7 Tel.: (916) 573-0469; Fax: (866) 700-0787
Email: ash(^libertymanlaw.com
8
Attomeys for Plaintiff,
SAJIDA ZAMAN
9
SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF SACRAMENTO
11
12
13 SAJIDA ZAMAN, CASE NO.: 34-2019-00252121
14 Plaintiff, PLAINTIFF SAJIDA ZAMAN'S
vs. DESIGNATION OF E X P E R T
15 WITNESSES AND DEMAND FOR
LIQUI-BOX CORPORATION, and DOES EXCHANGE; DECLARATION OF
16 through 20, inclusive. ARASH S. KHOSROWSHAHI
17
Defendants.
18 Action Filed: March 8, 2019
Trial Date: September 12, 2022
19
20 TO A L L PARTIES HEREIN AND TO T H E I R ATTORNEYS OF RECORD:
21 Pursuant to Califomia Code of Civil Procedure § 2034 et seq., Plaintiff lists and designates
22 the following experts who have thus far been selected by Plaintiff, who may testify in this action at
23 the time of trial:
24 RETAINED EXPERTS
25 1. Tim Bormann, CIH, FAIHA, 1660 South Amphlett Blvd. #110, San Mateo, CA 94402;
26 (650) 349-9737.
27 //
28 //
1
PLAINTIFF'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE;
DECLARATION OF ARASH KHOSROWSHAHI
1 NON-RETAINED E X P E R T S
2 1. Roy M. Rubin, M.D., 3455 American River Dr., Suite B, Sacramento, CA 95864, (916)
307-2262.
3 2. Vikram Singh, M.D., 6640 Van Nuys Blvd suite 101, Van Nuys, CA 91405; (818) 884-
5480.
4
3. Paul Andersen, (925) 787-0220, OSHA Compliance Services, PO Box 888, Valley
5 Springs, Ca 95252
6 Plaintiff reserves the right to right to call the parties in this case as expert witnesses, and
7 further reserves the right to add or delete to the above list pursuant to Califomia Code of Civil
8 Procedure section 2034.010 et seq.
9 Plaintiff designates each and every expert by the other parties herein, and incorporates by
10 reference said qualifications or testimony named by the other parties, pursuant to Califomia Code
11 of Civil Procedure section 2034.010 et seq.
12 Plaintiff hereby reserves the right to call any and all experts who had been called rebuttal
13 witnesses to testify to the falsity or nonexistence of any facts used as the foundation of an expert
14 opinion by any witness called by another party, pursuant to Califomia Code of Civil Procedure
15 section 2034.010 et seq.
16 Any and all discoverable reports, consisting of medical reports and records, prepared by
17 named expert witnesses, have been previously provided or subpoenaed by Defendant, or will be
18 provided under separate cover.
19 DATED: July 21, 2022 L I B E R T Y MAN LAW, P.C.
FALAKASSA LAW, P.C.
20
21
22 By:
Arash Khosrowshahi, Esq.
23 Joshua Falakassa, Esq.
Attomeys for Plaintiff, Sajida Zaman
24
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PLAINTIFF'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE;
DECLARATION OF ARASH KHOSROWSHAHI
1
2
DECLARATION OF ARASH S. KHOSROWSHAHI
3
4 1, Arash Khosrowshahi, declare that if called as a witness, 1 could and would competently
5 testify to the following facts:
6 1. I am an attomey at law, duly licensed to practice before all the courts of the State of
7 Califomia and am one of the attomeys of record for the Plaintiff. All of the following
8 facts are within my own personal knowledge and if swom as a witness, 1 could and
9 would completely testify thereto. This declaration is being made pursuant to Califomia
10 Code of Civil Procedure section 2034.010 et seq. As to the following designated expert
11 witnesses, I am informed and believe that the following is true:
12 AS TO TIM BORMANN. CIH. FAIHA.
13 2. Mr. Bormann is a Certified Industrial Hygienist (CIH) and held various positions in
14 insurance companies, including Occupational Health Manager for the Califomia
15 Casualty Management Company. A tme and correct copy of Mr. Bormann's
16 curriculum vitae is attached hereto as EXHIBIT A.
17 3. Mr. Borman is expected to testify, generally and without limitation, as to whether
18 Defendant's subject policies comply with OSHA regulations, requirements, standards,
19 enforcement procedures with respect to 29 CFR 1904.35 et seq., and 1904.41, amongst
20 other related issues.
21 4. Mr. Bormann is further expected to respond at trial to the opinions of Defendant's
22 expert witnesses and foundation for those opinions. Mr. Bormann has agreed to testify
23 at trial.
24 5. Mr. Bormann will be sufficiently familiar with the pending action to submit to a
25 meaningful oral deposition (although Defendant's failure to prepare for trial ahead of
26 time may cause a scheduling conflict) conceming the specific testimony, including any
27 opinion and its basis, that he is expected to give at trial.
28 6. Mr. Bormann's fee for deposition testimony is $700 per hour.
PLAINTIFF'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE;
DECLARATION OF ARASH KHOSROWSHAHI
1 AS TO ROY M . RUBIN. M.D.
2 7. Dr. Rubin is a Board-Certified Orthopedic Surgeon with extensive training and
3 experience in a broad array of orthopedic injuries, including, but not limited, to knee,
4 foot, ankle. A tme and correct copy of Dr. Rubin's curriculum vitae is attached hereto
5 as EXHIBIT B.
6 8. Dr. Rubin is expected to testify, generally and without limitation, as to the nature of
7 Plaintiffs subject injuries/pain, including without limitation Plaintiffs knee strain and
8 hamstring strain, amongst other related issues.
9 9. Dr. Rubin is further expected to respond at trial to the opinions of Defendant's expert
10 witnesses and foundation for those opinions.
11 10. Dr. Rubin has agreed to be available to testify at trial.
12 11. Dr. Rubin will be sufficiently familiar with the pending action to submit to a
13 meaningful oral deposition (although Defendant's failure to prepare for trial ahead of
14 time may cause a scheduling conflict) conceming the specific testimony, including any
15 opinion and its basis, that he is expected to give at trial.
16 12. Dr. Rubin fee for deposition testimony is $600 per hour.
17 1 declare under penalty of perjury under the laws of the State of Califomia that the
18 foregoing is true and correct.
19
20 DATED: July 21, 2022 L I B E R T Y MAN LAW, P.C.
21 By:
22
23
Arash S. Khosrowshahi, Esq.
24
25
26
27
28
PLAINTIFF'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE;
DECLARATION OF ARASH KHOSROWSHAHI
EXHIBIT A
TIM BORMANN, CIH, FAIHA
PROFESSIONAL BACKGROUND
Vice President and Senior Environmental Health and Safety Consultant
The Cohen Group, San Mateo, CA (1984 to Present)
Occupational Health Manager
Califomia Casualty Management Company, San Mateo, CA (1982 to 1985)
Regional Industrial Hygienist
Califomia Casualty Management Company, Glendale, CA (1980 to 1982)
• Safety Consultant
Califomia Casualty Management Company, Santa Ana, CA (1979 to 1980)
EDUCATION AND CERTDICATION
• Bachelor of Science - Biology/Physiology (Chemistry minor), University of Califomia - San Diego,
San Diego, CA, 1978
• Certified in Comprehensive Practice, American Board of Industrial Hygiene - CIH No. 4189
• Certified Asbestos Consultant (#92-0766), Cal/OSHA
• Accredited Asbestos Inspector/Management Planner, U.S. Environmental Protection Agency
• Accredited Asbestos Abatement Supervisor, U.S. Environmental Protecrion Agency
• Accredited Asbestos Abatement Project Designer, U.S. Environmental Protection Agency
PROFESSIONAL ACnVITIES
• American Industrial Hygiene Association, National Chapter, Fellow Award, 2013, Secretary, Constmction
Committee, 2008-2009; Vice Chairman Constmction Committee, 2009-2010; Chairman, Constmction
Committee, 2010-2011; Past Chairman, Constmction Committee 2011-2012, Noise Committee, 1999-2000,
Practice Standards and Guidelines Committee, 2001
• American Industrial Hvgiene Association, Northem Califomia Section. Past President, 2019-2020,
President, 2018-2019, President Elect, 2017, Chairman Membership Development Committee, 1990-1995;
Chairman, Spring Symposium Committee, 1989; Chairman, Continuing Education, 1984-86; Spring
Symposium Committee, 1983-1984
• Academv of Industrial Hygiene, Diplomate
• American Electronics Association, Occupational Safety and Health Committee; Training and
Communication Subcommittee; Chairman, AEA/OSHA New Directions Grant Advisory Committee
• Associated General Contractors of Califomia, Safety, Health and Environmental Committee; Cal/OSHA
Lead Regulation subcommittee
• Speaker for numerolis organizations including Bay Area Environmental Safety Group, Stanislaus County,
Wall and Ceiling Alliance, United Contractors Association, Califomia Industrial Hygiene Council
THE COHEN GROUP, 1660 SOUTH AMPHLETT BLVD. #110, SAN MATEO, CA 94402 (650) 349-9737
Rev. 01/22
EXHIBIT B
Roy M. Rubin, M.D.
3455 American River Drive, Suite B Sacramento,
CA 95864 Phone: 916-307-2262
E-mail: rubinmd@yahoo.com
PROFESSIONAL PROFILE
Roy M. Rubin, MD is Board Certified by the American Board of Orthopaedic Surgery and prides himself on technical
excellence and compassion for his patients. Dr. Rubin treats a broad range of problems affecting children and adults,
including knee, hip, shoulder, elbow, hand, foot, ankle, wrist, and back and neck problems. Dr. Rubin is an orthopedic
surgeon with extensive training and experience. He is well versed in working in a variety of environments including,
large hospitals, surgical centers, and private practice.
CERTIFICATION Board Certified: American Board of Orthopedic
Surgery 2005-Present Medical Board of California: April 17, 2002, Lie
# A78753 Drug Enforcement Administration # BR7757252 Fluoroscopy
License Current
PROFESSIONAL EXPERIENCE
MEDICAL OFFICE OF DR. ROY M. RUBIN Sacramento, CA July 2014 - Present
RUBIN ORTHOPEDICS Sacramento, CA July 2004 - July 2014
Orthopedic Surgeon, Medical Director, and Owner Responsible for owning, managing, and building a
private practice medical corporation.
• Managed and directed a medical staff including 5 orthopedic surgeons, 4 physician assistants, a
physical therapist, and 15 supporting staff.
• Grew the practice from one surgeon (self) to 5 surgeons
• Personally performed -2,00 surgeries
GREATER SACRAMENTO SURGERY CENTER Sacramento, CA
Medical Executive Committee, Orthopedic Representative 2012 - 2016 Responsible for quality control in the
orthopedic department and for the credentialing and recredentialing of orthopedic surgeons.
• Worked with ~10 other medical executive members and met quarterly
Medical Director for Orthopedic Surgery 2008 - 2009 Responsible for building an orthopedic surgery program
at the surgery center, including creation of cost-efficiency and procuring supplies and infrastructure
• Taught ~10 staff protocols for orthopedic procedures
SUTTER MEDICAL CENTER Sacramento, CA 2004 - 2007
Medical Director for Pediatric Orthopedic Surgery Responsible for building a tertiary care regional pediatric
orthopedic surgery program at the hospital to accommodate patients throughout Northern California.
• Taught -30 staff protocols for orthopedic procedures
• Worked with emergency room personnel to establish protocols to care for children with pediatric
orthopedic emergencies
• Worked with operating room staff to establish guidelines and training for a wide variety of pediatric
orthopedic surgical procedures
WOODLAND CLINIC MEDICAL GROUP Woodland, CA July 2003- June 2004
General Orthopedic Surgeon Responsible for seeing patients in the office and performing surgeries in the operating
room. Took orthopedic surgery call -12 nights per month.
KAISER PERMANENTE MEDICAL GROUP, Sacramento, CA - 2002 - 2004
Provided orthopedic call coverage for the emergency room at Morse Avenue in Sacramento. Provided Pediatric
Orthopedic weekly clinic and consultations at Morse Avenue.
EDUCATION
FELLOWSHIPS:
SPINE SURGERY ASSOCIATES, Sacramento, CA
Adult Spine Surgery Fellowship, 2008- 2009
UNIVERSITY OF CALIFORNIA, DAVIS MEDICAL CENTER,
Sacramento, CA SHRINER'S HOSPITAL NORTHERN CALIFORNIA
Pediatric Orthopedic Surgical Fellowship, 2002-2003
• Dual fellowship at both UC Davis and Shriner's Hospital
ORTHOPEDIC SURGERY RESIDENCY:
DUKE UNIVERSITY MEDICAL CENTER, Durham, NC 1997-2002
• Chief resident 2001-2002
MEDICAL SCHOOL: TEMPLE UNIVERSITY, SCHOOL OF MEDICINE, Philadelphia, PA
Attended medical school from 1993-1997, received M.D. 1997
• Awarded ADA in Junior Year
• Scored in Top 1% in the US for the USMLE Parts I & II
UNDERGRADUATE: PRINCETON UNIVERSITY, Princeton, NJ
B.S.E., Mechanical Engineering, graduated 1990
• Captain of Varsity Squash Team
PROFESSIONAL SOCIETIES
• American Academy of Orthopedic Surgeons, Fellow
• American Academy of Orthopedic Surgeons, Diplomat
• Paul Lipscomb Orthopedic Society, Member
• Piedmont Orthopedic Society, Member
MEDICAL RESEARCH
• Rubin, Trofimenko: "Trigger Thumb Study." 2008
• Rubin, Rab: "Crossed vs. Parallel Pinning of Pediatric Supracondylar Humerus
Fractures." 2003.
• Rubin, Urbaniak: "Free Vascularized Fibular Grafts for Avascular Necrosis of the Femoral Head in
Patients over the Age of 50." 2002.
ADDITIONAL INFORMATION
• Hobbies include squash, running, cycling, tennis, and swimming
• Proud father of 4 children: Tillie (18 years old), Ben (15 years old), Sima (14 years old), Michael (7 years
old)
1 PROOF OF S E R V I C E
2 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
3 I am employed in the County of Sacramento, State of Califomia. 1 am over the age of
4 eighteen years and not a party to the within action; my business address is 1010 F Street, Ste. 300
Sacramento, Califomia 90067.
5
On July 21, 2022, 1 served the following document(s) described as PLAINTIFF'S
6 DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE;
DECLARATION OF ARASH S. KHOSROWSHAHI on the interested parties in this action by
7 placing true copies thereof enclosed in sealed envelopes addressed as follows:
8
JACKSON LEWIS P.C.
9 JAMES T. JONES (SBN 167967)
KELSEY F. MORRIS (SBN 311117)
10 400 Capitol Mall, Suite 1600
Sacramento, CA 95814
11 Telephone: (916)341-0404
Facsimile: (916)341-0141
E-mail: James.Jones(^acksonlewis.com
12 E-mail: Kelsey. Morris@jacksonlewis. com
13 Attomeys for Defendant
LIQUI-BOX CORPORATION
14
15
[x] BY ELECTRONIC M A I L : 1 caused the above-described documents to be delivered by
16 electronic mail to the e-mail address(es) set forth above.
17 • BY OVERNIGHT DELIVERY SERVICE: 1 served the foregoing document by Federal
Express, an express service carrier which provides ovemight delivery, as follows. I placed
18
true copies of the foregoing document in sealed envelopes or packages designated by the
19 express service carrier, addressed to each interested party as set forth above, with fees for
ovemight delivery paid or provided.
20
21 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing
22 is tme and correct.
23 Executed on July 21, 2022, at Sacramento, Califomia.
24
25
26 Arash S. Khosrowshahi, Esq.
27
28
1
PROOF OF SERVICE
EXHIBIT D
From: Asano, Kelly (Sacramento) < Kelly.Asano@jacksonlewis.com>
Sent: Monday, July 25, 2022 1:30 PM
To: Josh@Falakassalaw.com; ash@libertymanlaw.com; Kasra Torabi
Cc: Jones, James T. (Sacramento); Asano, Kelly (Sacramento)
Subject: Service - Zaman v. Liqui-Box Corporation
Attachments: 2022 07 25 Liqui-Box's Mandatory Settlement Conference Statement (08-04-22) [Liqui-
Box - Zaman].pdf
Kelly Asano
o Legal Secretary
Jackson Lewis P.C.
400 Capitol Mall
Suite 1600
Sacramento, CA 95814
Direct; (916) 403-8671 j Main: (916) 341-0404
Kellv.Asano@iacksonlewis.com | vvww.lacksonlewis.com
1 JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
2 KELSEY F. MORRIS (SBN 311117)
400 Capitol Mall, Suite 1600
3 Sacramento, Califomia 95814
Telephone: (916)341-0404
4 Facsimile: (916)341-0141
Email: james.jones(a?jacksonlewis.com
5 kelsey.morris(5),iacksonlewis.com
6 Attomeys for Defendant
LIQUI-BOX CORPORATION
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 SAJIDA ZAMAN,. CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, DEFENDANT'S EXCHANGE OF
EXPERT WITNESS INFORMATION AND
12 vs. EXPERT WITNESS DECLARATION
13 Complaint Filed: March 8, 2019
LIQUI-BOX CORPORATION, and DOES 1 Trial Date: September 12, 2022
14 through 20, inclusive,
15 Defendants.
16
17 TO PLAINTIFF SAJIDA ZAMAN AND HER ATTORNEYS OF RECORD:
18 Pursuant to the Demands for Exchange of Expert Witness Information served by
19 Defendant Liqui-Box Corporation ("Defendant") on July 1, 2022, and pursuant to Califomia
20 Code of Civil Procedure sections 2034.210 and 2034.260, Defendant hereby discloses the
21 following individuals as experts whose opinions Defendant expects to offer in evidence at trial:
22 NON-RETAINED EXPERTS
23 1. Angela Serpa, N. P.
US Health Works
24 1675 Alhambra Blvd., Suite B
Sacramento, CA 95816
25 (916)451-4580
26 This witness is expected to testify regarding her observations of Plaintiff on
January 3, 2018, and at any time thereafter, PlaintifTs statements to her, any
27 diagnosis the witness made or opinions drawn about Plaintiff, and any treatment
provided.
28 ///
1
DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION
AND EXPERT WITNESS DECLARATION
2. Timothy Mar, M.D.
Sacramento Orthopedic Center
2801 KSt. #330
Sacramento, CA 95816
(916) 732-3000
This witaess is expected to testify regarding his observations of Plaintiff, Plaintiffs
, statements to him, any diagnosis made or opinions drawn about Plaintiff, and any
treatment provided.
3. Dr. Adil (as identified by Plaintiff during deposition)
Sockolov & Sockolov
1 Scripps Drive, Suite 202
8 Sacramento, CA 95825
(916) 927-1114
9
This witness is expected to testify regarding his/her observations of Plaintiff,
10 Plaintiffs statements to him/her, any diagnosis the witness made or opinions drawn
about Plaintiff, and any treatment provided.
11
4. All treating Physicians, Psychiatrists, Psychologists, Physicians Assistants, Nurses,
12 Nurse Practitioners, Therapists, and other Healthcare Professionals who treated
Plaintiff at any time from January 1, 2018 to the present, who Plaintiff has not yet
13 disclosed in response to Defendant's discovery demands.
14 Available through their professional offices as identified on any records that may be
subsequently obtained.
15
16 RETAINED EXPERTS
17 5. Steve Hawkins, Chief Operating Officer
FDRsafety, LLC
18 360 Cool Springs Boulevard, Suite 101
Franklin, TN 37067
19 (615)370-1730
20 The above-designated expert witness is expected to testify at trial based on the
21 information contained in the attached Declaration of James T. Jones incorporated herein by
22 reference.
23 Defendant reserves the right, pursuant to Code of Civil Procedure sections 2034.280,
24 2034.290(c), 2034.610, 2034.620, 2034.710, and 2034.720, as well as any other constitutional,
25 statutory, and/or common law rights it may have, to later name other experts before trial, or call
26 to testify at trial, experts not named whose testimony is needed to aid in the defense of this action
27 and/or to refute and rebut the contentions and testimony of opposing experts. Defendant further
28 reserves the right to depose or call at trial any expert and/or treating physician Plaintiff may
2
DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION
AND EXPERT WITNESS DECLARATION
1 disclose and to solicit testimony regarding their care of Plaintiff, including but not limited to their
2 exams, diagnoses, medical findings, prescriptions, and care related to Plaintiff and related to
3 Plaintiffs allegations that work-related events affected her physical and/or mental condition.
4 Further, Defendant reserves the right to call any and all rebuttal and surrebuttal witnesses as may
5 prove necessary. Defendant hereby incorporates by reference the list of expert witnesses
6 identified by Plaintiffs initial disclosure of expert witaess information and reserves the right to
7 call any or all of them as rebuttal and/or supplemental witnesses.
8 Dated: July 25, 2022 JACKSON LEWIS P.C.
10 By: ^
.. JAMES T. JONES
^^ KELSEY F. MORRIS
12 Attomeys for Defendant
LIQUI-BOX CORPORATION
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION
AND EXPERT WITNESS DECLARATION
1 EXPERT WITNESS DECLARATION
2 I, JAMES T. JONES, declare as follows:
3 1. I am an attomey licensed to practice law in the State of Califomia and admitted to
4 appear before this Court. 1 am a Principal in the law firm of Jackson Lewis P.C, attomeys of
5 record for Defendant in this action. I have personal knowledge of the matters stated herein, and if
6 called upon to testify, I could and would competently testify hereto.
7 2. I make this Expert Witness Declaration pursuant to Defendant's Demands for
8 Exchange of Expert Witness Information and pursuant to Califomia Code of Civil Procedure
9 section 2034.260.
10 3. I am informed and believe that the following facts are true about Steve Hawkins.
11 a. Brief Statement of Qualifications
12 Mr. Hawkins' qualifications are listed in the curriculum vitae attached as Exhibit A.
13 Notable qualifications include, but are not limited to, the following. Mr. Hawkins graduated in
14 1986 with a Bachelor of Science degree in Industrial Technology, College of Engineering,
15 Tennessee Technological University. He began his career as and Occupational Safety Specialist
16 in 1986. From 1999 to 2012, he served as the Assistant Administrator for the Tennessee
17 Occupational Safety and Health Administration. From 2012 through 2019, he served at the
18 Administrator for the Tennessee Occupational Safety and Health Administration. From 2019 to
19 2020, he was the Deputy Commissioner, Tennessee Occupational Safety and Health. Mr.
20 Hawkins is presently the Chief Operating Officer of FDRsafety, LLC. Professional affiliations
21 include, but are not limited to. Board Member of Tennessee Safety and Health Conference,
22 Professional Member of American Society of Safety Professionals, Five terms on the Federal
23 Advisory Committee for Constmction Safety and Health, Member of the Tennessee Emergency
24 Management Agency's Emergency Response Commission, Member of the Safety and Health
25 Committee of the Tennessee Road Builders Association, the Associated Builders and Contractors,
26 and the Associated General Contractors. (See attached curriculum vitae for additional
27 qualifications.)
28 ///
4
DEFENDANT'S EXCHANGE OF EXPERT WITNESS EMFORMATION
AND EXPERT WITNESS DECLARATION
1 b. General Substance of Testimony This Expert Is Expected to Give
2 Mr. Hawkins is expected to testify regarding his expert opinions related to Defendant's
3 Critical Safety Behaviors Policy and other safety policies, practices, and protocols, and safety
4 history, workplace requirements for the reporting of safety incidents including but not limited to
5 workplace injuries, his evaluation of Defendant's policies and practices related to OSHA rules,
6 regulations, and standards, including but not limited to 29 C.F.R section 1935.35 et seq., and his
7 opinions regarding the effect of Defendant's policies on its employees. Mr. Hawkins will also
8 testify regarding opinions offered by Plaintiffs designated expert witnesses related to these
9 subjects, including the possibility that he may comment upon, explain, and/or refute any such
10 opinions.
11 c. Expert's Agreement to Testify
12 Mr. Hawkins has agreed to testify at trial.
13 d. Expert's Familiarity with the Action
14 Mr. Hawkins will be sufficiently familiar with the pending action to submit to a
15 meaningful oral deposition conceming any testimony he is expected to give at trial, including any
16 opinion and its basis.
17 e. Expert's Hourly Fee
18 Mr. Hawkins' fee for all work, including consulting, providing testimony at deposition
19 and trial, reviewing records and other evidence, preparing reports and opinions, travel, and any
20 and all other work performed in his role as an expert witness is $400 per hour (plus travel-related
21 expenses).
22 1 declare under penalty of perjury under the laws of the State of Califomia that the
23 foregoing is tme and correct.
24 Executed July 25, 2022 at Sacramento, Califomia.
25 • /I'S^.v^^
26
JAMES T. JONES
27
28
DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION
AND EXPERT WITNESS DECLARATION
EXHIBIT A
Steve Hawkins
Chief Operating Officer
FDRsafety LLC
Professional Summary
I began my career in occupational safety and health in 1986 as an Occupational Safety Specialist
with the Tennessee Occupational Safety and Health Administration. I subsequently sen/ed as
the Area Office Supervisor and the State Compliance Manager until 1999 when I was appointed
to the Assistant Administrator position. In 2012 I was appointed to the Administrator position
to lead the agency. In May 2019 I was appointed Depu
Preview
1 JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) 2 MANDY L. SMS (SBN 278352) 400 Capitol Mall, Suite 1600 3 Sacramento, Califomia 95814 Telephone: (916)341-0404 HLED/ENDOlSED 4 Facsimile: (916)341-0141 Email: james.jones(5),iacksonlewis.com AUG -9 2022 5 Email: mandv.sims@jacksonlewis.com By; _P. Vue 6 Attomeys for Defendant Deputy Clerk LIQUI-BOX CORPORATION 7 8 SUPERIOR COURT OF TFIE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S 12 vs. MOTION TO ACCEPT DEFENDANT'S EXPERT WITNESS DESIGNATION 13 LIQUI-BOX CORPORATION, and DOES 1 Date: October 20, 2022 14 through 20, inclusive. Time: 1:30 p.m. Dept: 53 BY FAX 15 Defendants. Reservation No.: 2666068 16 Complaint Filed: March 8, 2019 Trial Date: September 12, 2022 17 18 1, James T. Jones, declare: 19 1. 1 am an attomey at law duly licensed to practice law in the State of Califomia and 20 before this Court. I am a Principal in the law firm of Jackson Lewis, P.C, attomeys of record for 21 Liqui-Box Corporation ("Defendant"). I have personal knowledge of the following facts and, if 22 called and swom as a witness, could and would competently testify thereto. 23 2. On July 1, 2022, Defendant served Defendant's Demand for Exchange of Expert 24 Witness Information pursuant to Califomia Code of Civil Procedure section 2034.210. The 25 notice inadvertently and erroneously set the initial mutual expert witness exchange for July 21, 26 2022. (A tme and correct copy of Defendant's Demand for Expert Witness Information is 27 attached hereto as Exhibit A.) The actual date for the exchange pursuant to the Code of Civil 28 Procedure should have been July 25, 2022. ! DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S MOTION TO ACCEPT DEFENDANT'S EXPERT WITNESS DESIGNATION 1 3. Unknown to counsel, a calendaring clerk at Jackson Lewis, P.C. calculated the 2 disclosure date pursuant to code and changed the disclosure date to July 25, 2022, because 3 Califomia Code of Civil Procedure section 2034.230(b), states: expert witness data must be 4 exchanged "no later than 50 days before the initial trial date, or 20 days after service of the 5 demand, whichever is closer to trial." According to the code, because July 25, 2022, was closer 6 to trial (September 12, 2022), the calendaring clerk changed the date in our calendaring system to 7 July 25, 2022. 8 4. On July 14, 2022, I received a pop-up reminder from Outlook that the Expert 9 Witness Disclosure was due on July 25, 2022. (A tme and correct copy of the July 14, 2022, pop- 10 up reminder is attached hereto as Exhibit B.) 11 5. My office received Plaintiffs Expert Witness Disclosure on July 21, 2022, at 12 7:33 p.m., via email. (A true and correct copy of the email dated July 21, 2022 at 7:33 p.m. and 13 Plaintiffs Expert Witness Disclosure is attached hereto as Exhibit C.) After receiving Plaintiffs 14 Expert Witness Disclosure, 1 checked with my legal assistant because I believed the disclosure 15 was not due until July 25, 2022, and my Legal Assistant confirmed the disclosure date was 16 July 25, 2022. 17 6. On July 25, 2022, 1 caused my office to serve Defendant's Expert Witness 18 Designation, via email. (A true and correct copy of Defendant's Expert Witness Designation and 19 accompanying email is attached hereto as Exhibit D.) Subsequently, I leamed that the demand 20 for exchange of expert witness information identified the exchange date as July 21, 2022, the date 21 that Plaintiff served her disclosure. 22 7. Thereafter, I called Joshua Falakassa (Plaintiffs Counsel) to discuss expert 23 witness disclosures but received no response. 1 subsequenUy received an email from Joshua 24 Falakassa (Plaintiffs Counsel) timestamped July 28, 2022 at 10:54 a.m. asserting Defendant's 25 expert witness designation was untimely and that Defendant's right to use an expert on any 26 anticipated issue was terminated. (A true and correct copy of the email dated July 28, 2022 at 27 10:54 a.m. is attached hereto as Exhibit E.) 28 /// 2 DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S MOTION TO ACCEPT DEFENDANT'S EXPERT WITNESS DESIGNATION 8. On July 28, 2022 at 2:58 p.m., I sent an email to Joshua Falakassa (Plaintiffs 2 Counsel) explaining why Defendant had inadvertently disclosed on July 25, rather than July 21, 3 2022. 1 asked Mr. Falakassa to stipulate that Defendant's disclosure be considered timely and 4 valid due to the circumstances. I also asked him, i f he would not agree to the proposed 5 stipulation, to respond and explain what prejudice the notice on July 25, 2022, created. (A tme 6 and correct copy of my email to Joshua Falakassa (Plaintiffs Counsel) timestamped July 28, 7 2022 at 2:58 p.m. is attached hereto as Exhibit F.) I also informed him that Defendant would 8 seek relief from the Court i f Plaintiff refused the suggested stipulation. As of the date of this 9 motion, I have not received a response from Plaintiffs Counsel. 10 9. Defendant agrees to arrange for the experts who were disclosed in Defendant's 11 Expert Witness Disclosure to be available for deposition. 12 10. Denying Defendant the right to designate experts will unduly prejudice their 13 ability to present their defense in this case. 14 1 declare under penalty of perjury that the foregoing is tme and correct. This declaration 15 was executed pursuant to the laws of the State of Califomia on August 9, 2022 in Sacramento, 16 Califomia. f) 17 ^ 18 JAMES T. JONES 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S MOTION TO ACCEPT DEFENDANT'S EXPERT WITNESS DESIGNATION EXHIBIT A 1 JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) 2 KELSEY F. MORRIS (SBN 311117) 400 Capitol Mall, Suite 1600 3 Sacramento, Califomia 95814 Telephone: (916)341-0404 4 Facsimile: (916)341-0141 Email: james.jones@jacksonlewis.com 5 kelsev.morris@iacksonlewis.com 6 Attomeys for Defendant LIQUI-BOX CORPORATION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, DEFENDANT LIQUI-BOX CORPORATION'S DEMAND FOR 12 vs. EXCHANGE OF E X P E R T WITNESS INFORMATION 13 LIQUI-BOX CORPORATION, and DOES Complaint Filed: March 8, 2019 14 through 20, inclusive, Trial Date: September 12, 2022 15 Defendants. 16 17 DEMANDING PARTY: Defendant Liqui-Box Corporation 18 DATE OF EXCFIANGE: July 21, 2022 19 Defendant Liqui-Box Corporation ("Defendant") hereby demand, under Chapter 18 of the 20 Civil Discovery Act (Code of Civil Procedure section 2034.010 et seq.), that on or before July 21, 21 2022 all parties to this action participate in a mutual and simultaneous exchange of the following 22 information conceming each party's expert trial witnesses: 23 1. A written list containing the name and address of each natural person, 24 including any party, whose expert opinion testimony the responding party expects or intends to 25 offer at trial, whether orally or by deposition testimony or, in the altemative, a statement that the 26 responding party does not intend to offer the testimony of expert witnesses at trial; 27 2. I f any witness on the list to be exchanged is the responding party, an 28 employee of the responding party, or has been retained by that party for the purpose of forming 1 DEFENDANT LIQUI-BOX CORPORATION'S DEMAND FOR EXCHANGE OF EXPERT WITNESS INFORMATION 1 and expressing an expert opinion at trial, an expert witness declaration signed by the responding 2 party's attomey of record, containing for each such witness: 3 (a) A brief narrative statement of the qualifications of the expert; 4 (b) A brief narrative statement of the general substance of the 5 testimony the expert is expected to give; 6 (c) A representation that the expert has agreed to testify at trial; 7 (d) A representation that the expert will be sufficiently familiar with 8 the pending action to submit to a meaningful oral deposition 9 conceming the specific testimony, including expert opinions and 10 their bases, that the expert is expected to give at trial; and 11 (e) A statement of the expert's hourly and daily fee for providing 12 deposition testimony and for consulting with the retaining attomey; 13 and 14 3. The production of all discoverable reports and writings, if any, made by 15 any expert described in Code of Civil Procedure section 2034.210(b) in the course of preparing 16 that expert's opinion. 17 Dated: July 1, 2022 JACKSON LEWIS P.C. 18 19 By: V JAMES T. JONES 20 KELSEY F. MORRIS 21 Attomeys for Defendant LIQUI-BOX CORPORATION 22 23 24 25 26 27 28 DEFENDANT LIQUI-BOX CORPORATION'S DEMAND FOR EXCHANGE OF EXPERT WITNESS INFORMATION 1 PROOF OF S E R V I C E 2 I am employed in the County of Sacramento, State of Califomia. I am over the age of eighteen years and not a party to the within action; my business address is Jackson Lewis P.C, 3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814. 4 On July 1, 2022,1 served the within: 5 DEFENDANT LIQUI-BOX CORPORATION'S DEMAND FOR EXCHANGE OF E X P E R T WITNESS INFORMATION 6 on all interested parties in said action, through their attomeys of record as listed below, by placing 7 a tme and correct copy thereof, addressed as shown below, by the following means: 8 Q PERSONAL SERVICE - by causing personal delivery of a tme and correct copy thereof to the person at the address set forth below, in accordance with Code of Civil 9 Procedure section 1011(a). 10 Q M A I L - by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid for deposit in the United States Post Office mailbox, at 11 my business address shown above, following Jackson Lewis P.C.'s ordinary business practices for the collection and processing of mail, of which 1 am readily familiar, and 12 addressed as set forth below. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 13 Postal Service. 14 Q OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility 15 regularly maintained by UPS or delivering to an authorized courier or driver authorized by UPS to receive documents, addressed as set forth below. 16 [X] E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil 17 Procedure Section 1010.6(e)(l)(2), 1 caused the document(s) described above to be sent from e-mail address kellv.asano@iacksonlewis.com to the person(s) at the e-mail 18 address(es) listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 19 unsuccessful. 20 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246) FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C. 21 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300 Los Angeles, CA 90067 Sacramento, CA 95814 22 Telephone: (818)456-6168 Telephone: (916)573-0469 Facsimile: (888) 505-0868 Facsimile: (866) 700-0787 23 Email: Josh@Falakassalaw.com Email: ash@libertvmanlaw.com 24 I declare under penalty of perjury under the laws of the State of Califomia that the 22 foregoing is tme and correct, and that this declaration was executed on July 1, 2022 at Roseville, Califomia. _. 26 mmf Kelly Asano 27 4854-4647-2743, v. 1 28 PROOF OF SERVICE EXHIBIT B Subject: Zaman, Sajida, Uqui-Box Corporation, ( 452123,) Date for the exchange of information concerning expert trial witnesses (later of 50 days before initial trial date or 20 days after service of the demand plus 2 additional court days for electronic serv... Location: CASACRA Start: Men 7/25/2022 12:00 AM End: Tue 7/26/2022 12:00 AM Show Time As: Free Recurrence: (none) Meeting Status: Meeting organizer Organizer: Jones, James T. (Sacramento) Categories: Zaman Sajida * * * DO NOT CHANGE THE DATE OR ANY PART OF THIS ITEM * * * Liqui-Box Corporation Zaman, Sajida 327246-452123 Timekeepers: James Jones Team (SAC), Morris, Kelsey Frances Date for the exchange of information concerning expert trial w/itnesses (later of 50 days before initial trial date or 20 days after service of the demand plus 2 additional court days for electronic service). (Defendant Liqui-Box's Demand served via email on 07/01/22) CCP 2034.230(b), 2016.060, 2034.260(a), 1010.6(a)(4)(B) Event I D : 4300188 ***Please contact your local docket clerk to modify or remove this event.*'** Deadlines Provided by CompuLaw LLC EXHIBIT C From: Arash Khosrowshahi Sent: Thursday, July 21, 2022 7:33 PM To: Asano, Kelly (Sacramento); Jones, James T. (Sacramento) Cc: Joshua F. Falakassa - FALAKASSA LAW, P.C. (Josh@Falakassalaw.com); Kasra Torabi Subject: Re: Service - Zaman v. Liqui-Box Corporation Attachments: PLAINTIFF SAJIDA ZAMAN'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE.pdf [EXTERNAL SENDER] Counsel, Please see the attached designation of expert witnesses. Regards, Arash "Ash" Khosrowshahi, Esq. (he/him) Liberty Man Law, P.C. 1010 F Street, Ste. 300 Sacramento, CA 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 ash(ailibertvmanlaw.com www.libertymanlaw.com "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu CONFIDENTIAL NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. On Wed, Jul 20, 2022 at 10:22 AM Arash Khosrowshahi wrote: Counsel, Plaintiff is going to need two additional weeks to finalize our designation of expert witnesses. Can we agree to a mutual extension on exchanging expert witness information to August 5, 2022? Regards, Arash "Ash" Khosrowshahi, Esq. (he/him) Liberty Man Law, P.C. 1010 F Street, Ste. 300 Sacramento, CA 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 ash@libertvmanlaw.com www.libertymanlaw.com "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu CONFIDENTIAL NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 1 JOSHUA S. FALAKASSA (SBN: 295045) FALAKASSA LAW, P.C. 2 1901 Avenue of the Stars Suite # 450 Los Angeles, Califomia 90067 3 Tel.: (818) 456-6168; Fax: (888) 505-0868 4 Email: josh(^falak;assalaw.com 5 ARASH S. KHOSROWSHAHI (SBN: 293246) L I B E R T Y MAN LAW, P.C. 6 1010 F Street, Ste. 300 Sacramento, Califomia 95814 7 Tel.: (916) 573-0469; Fax: (866) 700-0787 Email: ash(^libertymanlaw.com 8 Attomeys for Plaintiff, SAJIDA ZAMAN 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 SAJIDA ZAMAN, CASE NO.: 34-2019-00252121 14 Plaintiff, PLAINTIFF SAJIDA ZAMAN'S vs. DESIGNATION OF E X P E R T 15 WITNESSES AND DEMAND FOR LIQUI-BOX CORPORATION, and DOES EXCHANGE; DECLARATION OF 16 through 20, inclusive. ARASH S. KHOSROWSHAHI 17 Defendants. 18 Action Filed: March 8, 2019 Trial Date: September 12, 2022 19 20 TO A L L PARTIES HEREIN AND TO T H E I R ATTORNEYS OF RECORD: 21 Pursuant to Califomia Code of Civil Procedure § 2034 et seq., Plaintiff lists and designates 22 the following experts who have thus far been selected by Plaintiff, who may testify in this action at 23 the time of trial: 24 RETAINED EXPERTS 25 1. Tim Bormann, CIH, FAIHA, 1660 South Amphlett Blvd. #110, San Mateo, CA 94402; 26 (650) 349-9737. 27 // 28 // 1 PLAINTIFF'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE; DECLARATION OF ARASH KHOSROWSHAHI 1 NON-RETAINED E X P E R T S 2 1. Roy M. Rubin, M.D., 3455 American River Dr., Suite B, Sacramento, CA 95864, (916) 307-2262. 3 2. Vikram Singh, M.D., 6640 Van Nuys Blvd suite 101, Van Nuys, CA 91405; (818) 884- 5480. 4 3. Paul Andersen, (925) 787-0220, OSHA Compliance Services, PO Box 888, Valley 5 Springs, Ca 95252 6 Plaintiff reserves the right to right to call the parties in this case as expert witnesses, and 7 further reserves the right to add or delete to the above list pursuant to Califomia Code of Civil 8 Procedure section 2034.010 et seq. 9 Plaintiff designates each and every expert by the other parties herein, and incorporates by 10 reference said qualifications or testimony named by the other parties, pursuant to Califomia Code 11 of Civil Procedure section 2034.010 et seq. 12 Plaintiff hereby reserves the right to call any and all experts who had been called rebuttal 13 witnesses to testify to the falsity or nonexistence of any facts used as the foundation of an expert 14 opinion by any witness called by another party, pursuant to Califomia Code of Civil Procedure 15 section 2034.010 et seq. 16 Any and all discoverable reports, consisting of medical reports and records, prepared by 17 named expert witnesses, have been previously provided or subpoenaed by Defendant, or will be 18 provided under separate cover. 19 DATED: July 21, 2022 L I B E R T Y MAN LAW, P.C. FALAKASSA LAW, P.C. 20 21 22 By: Arash Khosrowshahi, Esq. 23 Joshua Falakassa, Esq. Attomeys for Plaintiff, Sajida Zaman 24 25 26 27 28 PLAINTIFF'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE; DECLARATION OF ARASH KHOSROWSHAHI 1 2 DECLARATION OF ARASH S. KHOSROWSHAHI 3 4 1, Arash Khosrowshahi, declare that if called as a witness, 1 could and would competently 5 testify to the following facts: 6 1. I am an attomey at law, duly licensed to practice before all the courts of the State of 7 Califomia and am one of the attomeys of record for the Plaintiff. All of the following 8 facts are within my own personal knowledge and if swom as a witness, 1 could and 9 would completely testify thereto. This declaration is being made pursuant to Califomia 10 Code of Civil Procedure section 2034.010 et seq. As to the following designated expert 11 witnesses, I am informed and believe that the following is true: 12 AS TO TIM BORMANN. CIH. FAIHA. 13 2. Mr. Bormann is a Certified Industrial Hygienist (CIH) and held various positions in 14 insurance companies, including Occupational Health Manager for the Califomia 15 Casualty Management Company. A tme and correct copy of Mr. Bormann's 16 curriculum vitae is attached hereto as EXHIBIT A. 17 3. Mr. Borman is expected to testify, generally and without limitation, as to whether 18 Defendant's subject policies comply with OSHA regulations, requirements, standards, 19 enforcement procedures with respect to 29 CFR 1904.35 et seq., and 1904.41, amongst 20 other related issues. 21 4. Mr. Bormann is further expected to respond at trial to the opinions of Defendant's 22 expert witnesses and foundation for those opinions. Mr. Bormann has agreed to testify 23 at trial. 24 5. Mr. Bormann will be sufficiently familiar with the pending action to submit to a 25 meaningful oral deposition (although Defendant's failure to prepare for trial ahead of 26 time may cause a scheduling conflict) conceming the specific testimony, including any 27 opinion and its basis, that he is expected to give at trial. 28 6. Mr. Bormann's fee for deposition testimony is $700 per hour. PLAINTIFF'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE; DECLARATION OF ARASH KHOSROWSHAHI 1 AS TO ROY M . RUBIN. M.D. 2 7. Dr. Rubin is a Board-Certified Orthopedic Surgeon with extensive training and 3 experience in a broad array of orthopedic injuries, including, but not limited, to knee, 4 foot, ankle. A tme and correct copy of Dr. Rubin's curriculum vitae is attached hereto 5 as EXHIBIT B. 6 8. Dr. Rubin is expected to testify, generally and without limitation, as to the nature of 7 Plaintiffs subject injuries/pain, including without limitation Plaintiffs knee strain and 8 hamstring strain, amongst other related issues. 9 9. Dr. Rubin is further expected to respond at trial to the opinions of Defendant's expert 10 witnesses and foundation for those opinions. 11 10. Dr. Rubin has agreed to be available to testify at trial. 12 11. Dr. Rubin will be sufficiently familiar with the pending action to submit to a 13 meaningful oral deposition (although Defendant's failure to prepare for trial ahead of 14 time may cause a scheduling conflict) conceming the specific testimony, including any 15 opinion and its basis, that he is expected to give at trial. 16 12. Dr. Rubin fee for deposition testimony is $600 per hour. 17 1 declare under penalty of perjury under the laws of the State of Califomia that the 18 foregoing is true and correct. 19 20 DATED: July 21, 2022 L I B E R T Y MAN LAW, P.C. 21 By: 22 23 Arash S. Khosrowshahi, Esq. 24 25 26 27 28 PLAINTIFF'S DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE; DECLARATION OF ARASH KHOSROWSHAHI EXHIBIT A TIM BORMANN, CIH, FAIHA PROFESSIONAL BACKGROUND Vice President and Senior Environmental Health and Safety Consultant The Cohen Group, San Mateo, CA (1984 to Present) Occupational Health Manager Califomia Casualty Management Company, San Mateo, CA (1982 to 1985) Regional Industrial Hygienist Califomia Casualty Management Company, Glendale, CA (1980 to 1982) • Safety Consultant Califomia Casualty Management Company, Santa Ana, CA (1979 to 1980) EDUCATION AND CERTDICATION • Bachelor of Science - Biology/Physiology (Chemistry minor), University of Califomia - San Diego, San Diego, CA, 1978 • Certified in Comprehensive Practice, American Board of Industrial Hygiene - CIH No. 4189 • Certified Asbestos Consultant (#92-0766), Cal/OSHA • Accredited Asbestos Inspector/Management Planner, U.S. Environmental Protection Agency • Accredited Asbestos Abatement Supervisor, U.S. Environmental Protecrion Agency • Accredited Asbestos Abatement Project Designer, U.S. Environmental Protection Agency PROFESSIONAL ACnVITIES • American Industrial Hygiene Association, National Chapter, Fellow Award, 2013, Secretary, Constmction Committee, 2008-2009; Vice Chairman Constmction Committee, 2009-2010; Chairman, Constmction Committee, 2010-2011; Past Chairman, Constmction Committee 2011-2012, Noise Committee, 1999-2000, Practice Standards and Guidelines Committee, 2001 • American Industrial Hvgiene Association, Northem Califomia Section. Past President, 2019-2020, President, 2018-2019, President Elect, 2017, Chairman Membership Development Committee, 1990-1995; Chairman, Spring Symposium Committee, 1989; Chairman, Continuing Education, 1984-86; Spring Symposium Committee, 1983-1984 • Academv of Industrial Hygiene, Diplomate • American Electronics Association, Occupational Safety and Health Committee; Training and Communication Subcommittee; Chairman, AEA/OSHA New Directions Grant Advisory Committee • Associated General Contractors of Califomia, Safety, Health and Environmental Committee; Cal/OSHA Lead Regulation subcommittee • Speaker for numerolis organizations including Bay Area Environmental Safety Group, Stanislaus County, Wall and Ceiling Alliance, United Contractors Association, Califomia Industrial Hygiene Council THE COHEN GROUP, 1660 SOUTH AMPHLETT BLVD. #110, SAN MATEO, CA 94402 (650) 349-9737 Rev. 01/22 EXHIBIT B Roy M. Rubin, M.D. 3455 American River Drive, Suite B Sacramento, CA 95864 Phone: 916-307-2262 E-mail: rubinmd@yahoo.com PROFESSIONAL PROFILE Roy M. Rubin, MD is Board Certified by the American Board of Orthopaedic Surgery and prides himself on technical excellence and compassion for his patients. Dr. Rubin treats a broad range of problems affecting children and adults, including knee, hip, shoulder, elbow, hand, foot, ankle, wrist, and back and neck problems. Dr. Rubin is an orthopedic surgeon with extensive training and experience. He is well versed in working in a variety of environments including, large hospitals, surgical centers, and private practice. CERTIFICATION Board Certified: American Board of Orthopedic Surgery 2005-Present Medical Board of California: April 17, 2002, Lie # A78753 Drug Enforcement Administration # BR7757252 Fluoroscopy License Current PROFESSIONAL EXPERIENCE MEDICAL OFFICE OF DR. ROY M. RUBIN Sacramento, CA July 2014 - Present RUBIN ORTHOPEDICS Sacramento, CA July 2004 - July 2014 Orthopedic Surgeon, Medical Director, and Owner Responsible for owning, managing, and building a private practice medical corporation. • Managed and directed a medical staff including 5 orthopedic surgeons, 4 physician assistants, a physical therapist, and 15 supporting staff. • Grew the practice from one surgeon (self) to 5 surgeons • Personally performed -2,00 surgeries GREATER SACRAMENTO SURGERY CENTER Sacramento, CA Medical Executive Committee, Orthopedic Representative 2012 - 2016 Responsible for quality control in the orthopedic department and for the credentialing and recredentialing of orthopedic surgeons. • Worked with ~10 other medical executive members and met quarterly Medical Director for Orthopedic Surgery 2008 - 2009 Responsible for building an orthopedic surgery program at the surgery center, including creation of cost-efficiency and procuring supplies and infrastructure • Taught ~10 staff protocols for orthopedic procedures SUTTER MEDICAL CENTER Sacramento, CA 2004 - 2007 Medical Director for Pediatric Orthopedic Surgery Responsible for building a tertiary care regional pediatric orthopedic surgery program at the hospital to accommodate patients throughout Northern California. • Taught -30 staff protocols for orthopedic procedures • Worked with emergency room personnel to establish protocols to care for children with pediatric orthopedic emergencies • Worked with operating room staff to establish guidelines and training for a wide variety of pediatric orthopedic surgical procedures WOODLAND CLINIC MEDICAL GROUP Woodland, CA July 2003- June 2004 General Orthopedic Surgeon Responsible for seeing patients in the office and performing surgeries in the operating room. Took orthopedic surgery call -12 nights per month. KAISER PERMANENTE MEDICAL GROUP, Sacramento, CA - 2002 - 2004 Provided orthopedic call coverage for the emergency room at Morse Avenue in Sacramento. Provided Pediatric Orthopedic weekly clinic and consultations at Morse Avenue. EDUCATION FELLOWSHIPS: SPINE SURGERY ASSOCIATES, Sacramento, CA Adult Spine Surgery Fellowship, 2008- 2009 UNIVERSITY OF CALIFORNIA, DAVIS MEDICAL CENTER, Sacramento, CA SHRINER'S HOSPITAL NORTHERN CALIFORNIA Pediatric Orthopedic Surgical Fellowship, 2002-2003 • Dual fellowship at both UC Davis and Shriner's Hospital ORTHOPEDIC SURGERY RESIDENCY: DUKE UNIVERSITY MEDICAL CENTER, Durham, NC 1997-2002 • Chief resident 2001-2002 MEDICAL SCHOOL: TEMPLE UNIVERSITY, SCHOOL OF MEDICINE, Philadelphia, PA Attended medical school from 1993-1997, received M.D. 1997 • Awarded ADA in Junior Year • Scored in Top 1% in the US for the USMLE Parts I & II UNDERGRADUATE: PRINCETON UNIVERSITY, Princeton, NJ B.S.E., Mechanical Engineering, graduated 1990 • Captain of Varsity Squash Team PROFESSIONAL SOCIETIES • American Academy of Orthopedic Surgeons, Fellow • American Academy of Orthopedic Surgeons, Diplomat • Paul Lipscomb Orthopedic Society, Member • Piedmont Orthopedic Society, Member MEDICAL RESEARCH • Rubin, Trofimenko: "Trigger Thumb Study." 2008 • Rubin, Rab: "Crossed vs. Parallel Pinning of Pediatric Supracondylar Humerus Fractures." 2003. • Rubin, Urbaniak: "Free Vascularized Fibular Grafts for Avascular Necrosis of the Femoral Head in Patients over the Age of 50." 2002. ADDITIONAL INFORMATION • Hobbies include squash, running, cycling, tennis, and swimming • Proud father of 4 children: Tillie (18 years old), Ben (15 years old), Sima (14 years old), Michael (7 years old) 1 PROOF OF S E R V I C E 2 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 3 I am employed in the County of Sacramento, State of Califomia. 1 am over the age of 4 eighteen years and not a party to the within action; my business address is 1010 F Street, Ste. 300 Sacramento, Califomia 90067. 5 On July 21, 2022, 1 served the following document(s) described as PLAINTIFF'S 6 DESIGNATION OF EXPERT WITNESSES AND DEMAND FOR EXCHANGE; DECLARATION OF ARASH S. KHOSROWSHAHI on the interested parties in this action by 7 placing true copies thereof enclosed in sealed envelopes addressed as follows: 8 JACKSON LEWIS P.C. 9 JAMES T. JONES (SBN 167967) KELSEY F. MORRIS (SBN 311117) 10 400 Capitol Mall, Suite 1600 Sacramento, CA 95814 11 Telephone: (916)341-0404 Facsimile: (916)341-0141 E-mail: James.Jones(^acksonlewis.com 12 E-mail: Kelsey. Morris@jacksonlewis. com 13 Attomeys for Defendant LIQUI-BOX CORPORATION 14 15 [x] BY ELECTRONIC M A I L : 1 caused the above-described documents to be delivered by 16 electronic mail to the e-mail address(es) set forth above. 17 • BY OVERNIGHT DELIVERY SERVICE: 1 served the foregoing document by Federal Express, an express service carrier which provides ovemight delivery, as follows. I placed 18 true copies of the foregoing document in sealed envelopes or packages designated by the 19 express service carrier, addressed to each interested party as set forth above, with fees for ovemight delivery paid or provided. 20 21 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing 22 is tme and correct. 23 Executed on July 21, 2022, at Sacramento, Califomia. 24 25 26 Arash S. Khosrowshahi, Esq. 27 28 1 PROOF OF SERVICE EXHIBIT D From: Asano, Kelly (Sacramento) < Kelly.Asano@jacksonlewis.com> Sent: Monday, July 25, 2022 1:30 PM To: Josh@Falakassalaw.com; ash@libertymanlaw.com; Kasra Torabi Cc: Jones, James T. (Sacramento); Asano, Kelly (Sacramento) Subject: Service - Zaman v. Liqui-Box Corporation Attachments: 2022 07 25 Liqui-Box's Mandatory Settlement Conference Statement (08-04-22) [Liqui- Box - Zaman].pdf Kelly Asano o Legal Secretary Jackson Lewis P.C. 400 Capitol Mall Suite 1600 Sacramento, CA 95814 Direct; (916) 403-8671 j Main: (916) 341-0404 Kellv.Asano@iacksonlewis.com | vvww.lacksonlewis.com 1 JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) 2 KELSEY F. MORRIS (SBN 311117) 400 Capitol Mall, Suite 1600 3 Sacramento, Califomia 95814 Telephone: (916)341-0404 4 Facsimile: (916)341-0141 Email: james.jones(a?jacksonlewis.com 5 kelsey.morris(5),iacksonlewis.com 6 Attomeys for Defendant LIQUI-BOX CORPORATION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 SAJIDA ZAMAN,. CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION AND 12 vs. EXPERT WITNESS DECLARATION 13 Complaint Filed: March 8, 2019 LIQUI-BOX CORPORATION, and DOES 1 Trial Date: September 12, 2022 14 through 20, inclusive, 15 Defendants. 16 17 TO PLAINTIFF SAJIDA ZAMAN AND HER ATTORNEYS OF RECORD: 18 Pursuant to the Demands for Exchange of Expert Witness Information served by 19 Defendant Liqui-Box Corporation ("Defendant") on July 1, 2022, and pursuant to Califomia 20 Code of Civil Procedure sections 2034.210 and 2034.260, Defendant hereby discloses the 21 following individuals as experts whose opinions Defendant expects to offer in evidence at trial: 22 NON-RETAINED EXPERTS 23 1. Angela Serpa, N. P. US Health Works 24 1675 Alhambra Blvd., Suite B Sacramento, CA 95816 25 (916)451-4580 26 This witness is expected to testify regarding her observations of Plaintiff on January 3, 2018, and at any time thereafter, PlaintifTs statements to her, any 27 diagnosis the witness made or opinions drawn about Plaintiff, and any treatment provided. 28 /// 1 DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION AND EXPERT WITNESS DECLARATION 2. Timothy Mar, M.D. Sacramento Orthopedic Center 2801 KSt. #330 Sacramento, CA 95816 (916) 732-3000 This witaess is expected to testify regarding his observations of Plaintiff, Plaintiffs , statements to him, any diagnosis made or opinions drawn about Plaintiff, and any treatment provided. 3. Dr. Adil (as identified by Plaintiff during deposition) Sockolov & Sockolov 1 Scripps Drive, Suite 202 8 Sacramento, CA 95825 (916) 927-1114 9 This witness is expected to testify regarding his/her observations of Plaintiff, 10 Plaintiffs statements to him/her, any diagnosis the witness made or opinions drawn about Plaintiff, and any treatment provided. 11 4. All treating Physicians, Psychiatrists, Psychologists, Physicians Assistants, Nurses, 12 Nurse Practitioners, Therapists, and other Healthcare Professionals who treated Plaintiff at any time from January 1, 2018 to the present, who Plaintiff has not yet 13 disclosed in response to Defendant's discovery demands. 14 Available through their professional offices as identified on any records that may be subsequently obtained. 15 16 RETAINED EXPERTS 17 5. Steve Hawkins, Chief Operating Officer FDRsafety, LLC 18 360 Cool Springs Boulevard, Suite 101 Franklin, TN 37067 19 (615)370-1730 20 The above-designated expert witness is expected to testify at trial based on the 21 information contained in the attached Declaration of James T. Jones incorporated herein by 22 reference. 23 Defendant reserves the right, pursuant to Code of Civil Procedure sections 2034.280, 24 2034.290(c), 2034.610, 2034.620, 2034.710, and 2034.720, as well as any other constitutional, 25 statutory, and/or common law rights it may have, to later name other experts before trial, or call 26 to testify at trial, experts not named whose testimony is needed to aid in the defense of this action 27 and/or to refute and rebut the contentions and testimony of opposing experts. Defendant further 28 reserves the right to depose or call at trial any expert and/or treating physician Plaintiff may 2 DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION AND EXPERT WITNESS DECLARATION 1 disclose and to solicit testimony regarding their care of Plaintiff, including but not limited to their 2 exams, diagnoses, medical findings, prescriptions, and care related to Plaintiff and related to 3 Plaintiffs allegations that work-related events affected her physical and/or mental condition. 4 Further, Defendant reserves the right to call any and all rebuttal and surrebuttal witnesses as may 5 prove necessary. Defendant hereby incorporates by reference the list of expert witnesses 6 identified by Plaintiffs initial disclosure of expert witaess information and reserves the right to 7 call any or all of them as rebuttal and/or supplemental witnesses. 8 Dated: July 25, 2022 JACKSON LEWIS P.C. 10 By: ^ .. JAMES T. JONES ^^ KELSEY F. MORRIS 12 Attomeys for Defendant LIQUI-BOX CORPORATION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION AND EXPERT WITNESS DECLARATION 1 EXPERT WITNESS DECLARATION 2 I, JAMES T. JONES, declare as follows: 3 1. I am an attomey licensed to practice law in the State of Califomia and admitted to 4 appear before this Court. 1 am a Principal in the law firm of Jackson Lewis P.C, attomeys of 5 record for Defendant in this action. I have personal knowledge of the matters stated herein, and if 6 called upon to testify, I could and would competently testify hereto. 7 2. I make this Expert Witness Declaration pursuant to Defendant's Demands for 8 Exchange of Expert Witness Information and pursuant to Califomia Code of Civil Procedure 9 section 2034.260. 10 3. I am informed and believe that the following facts are true about Steve Hawkins. 11 a. Brief Statement of Qualifications 12 Mr. Hawkins' qualifications are listed in the curriculum vitae attached as Exhibit A. 13 Notable qualifications include, but are not limited to, the following. Mr. Hawkins graduated in 14 1986 with a Bachelor of Science degree in Industrial Technology, College of Engineering, 15 Tennessee Technological University. He began his career as and Occupational Safety Specialist 16 in 1986. From 1999 to 2012, he served as the Assistant Administrator for the Tennessee 17 Occupational Safety and Health Administration. From 2012 through 2019, he served at the 18 Administrator for the Tennessee Occupational Safety and Health Administration. From 2019 to 19 2020, he was the Deputy Commissioner, Tennessee Occupational Safety and Health. Mr. 20 Hawkins is presently the Chief Operating Officer of FDRsafety, LLC. Professional affiliations 21 include, but are not limited to. Board Member of Tennessee Safety and Health Conference, 22 Professional Member of American Society of Safety Professionals, Five terms on the Federal 23 Advisory Committee for Constmction Safety and Health, Member of the Tennessee Emergency 24 Management Agency's Emergency Response Commission, Member of the Safety and Health 25 Committee of the Tennessee Road Builders Association, the Associated Builders and Contractors, 26 and the Associated General Contractors. (See attached curriculum vitae for additional 27 qualifications.) 28 /// 4 DEFENDANT'S EXCHANGE OF EXPERT WITNESS EMFORMATION AND EXPERT WITNESS DECLARATION 1 b. General Substance of Testimony This Expert Is Expected to Give 2 Mr. Hawkins is expected to testify regarding his expert opinions related to Defendant's 3 Critical Safety Behaviors Policy and other safety policies, practices, and protocols, and safety 4 history, workplace requirements for the reporting of safety incidents including but not limited to 5 workplace injuries, his evaluation of Defendant's policies and practices related to OSHA rules, 6 regulations, and standards, including but not limited to 29 C.F.R section 1935.35 et seq., and his 7 opinions regarding the effect of Defendant's policies on its employees. Mr. Hawkins will also 8 testify regarding opinions offered by Plaintiffs designated expert witnesses related to these 9 subjects, including the possibility that he may comment upon, explain, and/or refute any such 10 opinions. 11 c. Expert's Agreement to Testify 12 Mr. Hawkins has agreed to testify at trial. 13 d. Expert's Familiarity with the Action 14 Mr. Hawkins will be sufficiently familiar with the pending action to submit to a 15 meaningful oral deposition conceming any testimony he is expected to give at trial, including any 16 opinion and its basis. 17 e. Expert's Hourly Fee 18 Mr. Hawkins' fee for all work, including consulting, providing testimony at deposition 19 and trial, reviewing records and other evidence, preparing reports and opinions, travel, and any 20 and all other work performed in his role as an expert witness is $400 per hour (plus travel-related 21 expenses). 22 1 declare under penalty of perjury under the laws of the State of Califomia that the 23 foregoing is tme and correct. 24 Executed July 25, 2022 at Sacramento, Califomia. 25 • /I'S^.v^^ 26 JAMES T. JONES 27 28 DEFENDANT'S EXCHANGE OF EXPERT WITNESS INFORMATION AND EXPERT WITNESS DECLARATION EXHIBIT A Steve Hawkins Chief Operating Officer FDRsafety LLC Professional Summary I began my career in occupational safety and health in 1986 as an Occupational Safety Specialist with the Tennessee Occupational Safety and Health Administration. I subsequently sen/ed as the Area Office Supervisor and the State Compliance Manager until 1999 when I was appointed to the Assistant Administrator position. In 2012 I was appointed to the Administrator position to lead the agency. In May 2019 I was appointed Depu