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TIMOTHY J. LONG (STATE BAR NO. 137591) '^'•JKSPQ
tjlong@orrick..com ^^/^TPo
2 NICHOLAS J. HORTON (STATE BAR NO. 289417) -6
nhorton@orrick.com " ,-, ' c 7
3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 2SS\(^§UH'rY'll^JCf-c,:
afitzgerald@orrick.com ' '^'^'^•i^Ari^7:}-'/;-^!A
4 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
5 Sacramento, CA 95814-4497
Telephone: +1 916 447 9200
6 Facsimile: +1916 329 4900
7 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10
ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
12 DEFENDANT'S E X PARTE
Plaintiff,
APPLICATION FOR ORDER TO SHOW
13 CAUSE R E CONTEMPT (JAMES
V. BJORSETH); MEMORANDUM OF
14 POINTS AND AUTHORITIES IN
HEALTH NET OF CALIFORNIA, INC., a
SUPPORT T H E R E O F
California Corporation; and Does I through 50,
15 inclusive, Date: February 7, 2019
Time: 2:00 p.m.
16 Defendants. Dept.: 54
17 Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
18 Consolidated Complaint Filed: Dec. 21, 2017
19 Complaint Filed: August 1,2017
TOMAS R. ARANA, on behalf of himself, ail
20 others similarly situated.
21 Plaintiff,
22 V.
23 HEALTH NET OF CALIFORNIA, INC., a
California corporation; and DOES 1-50,
24 inclusive,
25 Defendant.
26
27
28
DEFENDANT'S EX PARTE APPUCATION, MEMORANDUM IN SUPPORT THEREOF
4124-6865-3850
1 PLEASE TAKE NOTICE that on February 7, 2019 at 2:00 p.m., or as soon
2 thereafter as counsel may be heard in Department 54 of the Sacramento Superior Court
3 located at 813 6th Street, Sacramento, Califomia, 95814, Defendant Health Net of
4 California, Inc., ("Health Net") will present an ex parte application to the Court for an
5 Order to Show Cause why James Bjorseth should not be held in civil contempt for
6 violating the deposition subpoena dated January 4, 2019, and personally served on
7 Mr. Bjorseth on January 9, 2019.
8 This ex parte application is made pursuant to California Code of Civil Procedure
9 Sections 1209, 1211, I2I2, e/ie^., 2020.240, 2023.030 and California Rules of Court
10 3.1200 - 3.1207, and is based on the fact that Mr. Bjorseth did not appear for his
11 deposition as required by the deposition subpoena.
12 On Tuesday, February 5, 2019, notice of this ex parte application was provided to
13 Scott Leviant, William Pao, and Shaun Setareh, of Setareh Law Group, located at 315
14 South Beverly Drive, Suite 315, Beverly Hills, CA 90212 (877) 777-3774
15 (shaun@setarehlaw.com), who is counsel of record to Plaintiff Tomas Arana, and to
16 Norm Blumenthal, A.J. Bhowmik, Janine Menhennet, and Piya Mukherjee, of
17 Blumenthal, Nordrehaug, & Bhowmik LLP, located at 2255 Calle Clara, La Jolla, CA
18 92037 (858)367-9913 (norm@bamlawca.com), who is counsel of record to Plaintiff
19 Andrea Spears. See Charging Declaration of Nicholas Horton in Support of Ex Parte
20 Application for Order to Show Cause ("Horton Decl."), H 2, Ex. A.
21 This application is based on this notice of motion and motion, the attached
22 Memorandum of Points and Authorities, the Charging Declaration of Nicholas Horton in
23 support of the application, and upon such further oral and/or documentary evidence as
24 may be presented at or prior to the hearing on this motion.
25 ///
26 ///
27 ///
28 ///
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DEFENDANT'S EX PARTE APPUCATmn, MEMORANDUM IN SUPPORT THEREOF
4124-6865-3850
Dated: February 6, 2019 ORRICK, HHRRINGTON & SUTCLIFFE LLP
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4 : H 0 L A S J. HORTON
Attorneys for Defendant
5 HEALTH NET OF CALIFORNIA, INC.
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DEFENDANT'S £A'P/l/?7'£ APPLICATION, MEMORANDUM IN SUPPORT THEREOF
4124-6865-3850
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3 On January 9, 2019, Health Net personally served James Bjorseth with a subpoena to
4 appear for his deposition on January 23, 2019 at 9:00AM at the Law Offices of Orrick,
5 Herrington & Sutcliffe LLP, 777 S. Figueroa St., Suite 3200, Los Angeles, CA 90017.
6 Mr. Bjorseth deliberately and intentionally failed to follow the subpoena and did not appear for
7 his deposition.
8 The instant ex parte application asks the Court to initiate contempt proceedings against
9 Mr. Bjorseth for his deliberate violation of the January 4, 2019 deposition subpoena.
10 IL EX PARTE R E L I E F REOUESTED AND NOTICE
11 A. Ex Parte Relief Sought
12 By way of this ex parte application, Health Net seeks an Order to Show Cause why
13 Mr. Bjorseth should not be held in civil contempt for violating the January 4, 2019 deposition
14 subpoena.
15 B. Notice of the Ex Parte Application
16 Pursuant to California Rules of Court 3.1203 and 3.1204, on February 5, 2019, counsel for
17 Health Net provided Plaintiffs' counsel, Setareh Law Group and Blumenthal, Nordrehaug, &
18 Bhowmik LLP, with statutory notice of this ex parte application. See Charging Declaration of
19 Nicholas Horton in Support of Ex Parte Application for Order to Show Cause ("Horton Decl."), ^
20 2, Ex. A. Notice was provided in writing via electronic mail. Id.
21 IIL JAMES BJORSETH W I L L F U L L Y DISOBEYED THE JANUARY 4. 2019
DEPOSITION SUBPOENA
22
23 Contempt proceedings may be initiated via an ex parte application for an order to show
24 cause. Cal. Code Civ. Proc. § 1211. Disobedience of a subpoena duly served constitutes
25 contempt. Cal. Code Civ. Proc. § I209(a)(10). Further, the disobedience of a subpoena may be
26 punished as a contempt by the Court issuing the subpoena, "without the necessity of a prior order
27 of court directing compliance by the witness." Cal. Code Civ. Proc. § 2020.240; see also
28 2023.030(e).
-1-
DEFENDANT'S gA'P/t/^rg APPLICATION, MEMORANDUM IN SUPPORT THEREOF
4124-6865-3850
On January 9, 2019, Health Net personally served Mr. Bjorseth with a deposition
2 subpoena. Horton Decl., ^ 3, Ex. B. The deposition was scheduled to take place on January 23,
3 2019 at 9:00AM at the Law Offices of Orrick, Herrington & Sutcliffe LLP, 777 S. Figueroa St.,
4 Suite 3200, Los Angeles, CA 90017. On January 14, 2019, Plaintiff Spears, through her counsel,
5 improperly objected to Mr. Bjorseth's deposition, curiously stating that Mr. Bjorseth would not
6 appear for his deposition without indicating whether Spears' counsel represented Mr. Bjorseth.
7 Horton Decl., Ex. B. Between January 14, 2019, and January 22, 2019, Health Net contacted
8 Mr. Bjorseth on several occasions to confirm his attendance at the January 23, 2019 deposition.
9 Horton Decl., ^1 6. Mr. Bjorseth confirmed he was aware of his obligation to appear and asked
10 Health Net to move the deposition to a location closer to his home address. Id. Health Net
11 accommodated Mr. Bjorseth's request and moved the deposition from the Orrick offices in
12 downtown Los Angeles, California to an office space in Van Nuys, California. Id. On January
13 23, 2019, Mr. Bjorseth did not appear at either location for his noticed deposition. Id., ^ 7. Thus,
14 Mr. Bjorseth willingly violated the January 4, 2019 deposition subpoena and should be ordered to
15 show cause as to why he should not be held in contempt of Court.
16 IV. CONCLUSION
17 For the foregoing reasons. Health Net respectfully requests that this Court grant its ex
18 parte application and issue an order to show cause as to why Mr. Bjorseth should not be held in
19 contempt of Court.
20 Dated: February 6, 2019 ORRICK, HE_RR1^«JGT0N & SUTCLIFFE LLP
21
22
NICHOLAS J. HORTON
23 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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DEFENDANT'S f,VP/(«re APPLICATION, MEMORANDUM IN SUPPORT THEREOF
4124-6865-3850
pCed by |Ia9c
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton@orrick.com
3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 288167)
afltzgerald@orrick.com
4 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
5 Sacramento, CA 95814-4497
Telephone: +1916 447 8299
6 Facsimile: +1 916 329 4900
7 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10
ANDREA SPEARS, an individual, on behalf Consolidated CaseNo. 34-2017-00210560-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
12 Plaintiff, [PROPOSED] ORDER GRANTING
DEFENDANT HEALTH NET OF
13 CALIFORNIA, INC.'S EX PARTE
APPLICATION FOR ORDER TO SHOW
14 HEALTH NET OF CALIFORNIA, INC., a CAUSE WHY JAMES BJORSETH
California Corporation; and Does I through 50, SHOULD NOT BE HELD IN CIVIL
15 inclusive, CONTEMPT
16 Defendants. Date: February 7, 2019
Time: 2:00 p.m.
17 Dept: 54
Judge: Hon. Christopher E. Krueger
18
Complaint Filed: April 5, 2017
19 FAC Filed June 29,2017
20
Complaint Filed: August 1,2017
TOMAS R. ARANA, on behalf of himself, all
21 others similarly situated,
Consolidated Complaint Filed: Dec. 21, 2017
22 Plaintiff,
23
v.
24 HEALTH NET OF CALIFORNIA, INC., a
California corporation; and DOES 1-50,
25 inclusive.
26 Defendant.
27
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rPROPOSEDI ORDER GRANTING DEFENDANT EX PARTE APPLICATION AGAINST JAMES BJORSETH
4154-4379-1642
1 TO PLAINTIFFS, THEIR COUNSEL OF RECORD, JAMES BJORSETH, AND
2 THEIR COUNSEL:
3 Defendant having presented to this Court sufficient grounds to initiate a contempt
4 proceeding, James Bjorseth is ordered to appear on at in Department 54
5 of this Court located at 813 6th Street, Sacramento, California, 95814 to show cause why he
6 should not be held in contempt for violating the deposition subpoena issued to him on January 4,
7 2019.
8 IT IS FURTHER ORDERED THAT:
9 This Order to Show Cause shall be served on Plaintiffs, their counsel of record, James
10 Bjorseth, and his counsel of record, by personal service or in some other manner that ensures
1 1 formal notification of the contempt charge and the time and place of the hearing no later than
12 . Proof of such service shall be filed at least court days prior to the
13 hearing.
14 Any opposition papers to the Order to Show Cause shall be filed and served on Defendant
15 by [personal service/facsimile transmission/overnight mail] no later than .
16 Any reply papers to the opposition shall be filed and served on Plaintiffs, their counsel of record,
17 James Bjorseth, and his counsel of record, by [personal service/facsimile transmission/overnight
18 mail] no later than .
19 IT IS SO ORDERED.
20
21 Dated:
22
By:
23 THE HONORABLE CHRISTOPHER E.
KRUEGER
24 Judge of the Superior Court
25
26
27
28
fPROPOSEDI ORDER GRANTING DEFENDANT EX PARTE APPLICATION AGAINST JAMES BJORSETH
4154-4379-1642
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TIMOTHY J. LONG (STATE BAR NO. 137591) '^'•JKSPQ tjlong@orrick..com ^^/^TPo 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) -6 nhorton@orrick.com " ,-, ' c 7 3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 2SS\(^§UH'rY'll^JCf-c,: afitzgerald@orrick.com ' '^'^'^•i^Ari^7:}-'/;-^!A 4 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 5 Sacramento, CA 95814-4497 Telephone: +1 916 447 9200 6 Facsimile: +1916 329 4900 7 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 11 of herself and on behalf of all persons similarly CU-OE-GDS situated, 12 DEFENDANT'S E X PARTE Plaintiff, APPLICATION FOR ORDER TO SHOW 13 CAUSE R E CONTEMPT (JAMES V. BJORSETH); MEMORANDUM OF 14 POINTS AND AUTHORITIES IN HEALTH NET OF CALIFORNIA, INC., a SUPPORT T H E R E O F California Corporation; and Does I through 50, 15 inclusive, Date: February 7, 2019 Time: 2:00 p.m. 16 Defendants. Dept.: 54 17 Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 18 Consolidated Complaint Filed: Dec. 21, 2017 19 Complaint Filed: August 1,2017 TOMAS R. ARANA, on behalf of himself, ail 20 others similarly situated. 21 Plaintiff, 22 V. 23 HEALTH NET OF CALIFORNIA, INC., a California corporation; and DOES 1-50, 24 inclusive, 25 Defendant. 26 27 28 DEFENDANT'S EX PARTE APPUCATION, MEMORANDUM IN SUPPORT THEREOF 4124-6865-3850 1 PLEASE TAKE NOTICE that on February 7, 2019 at 2:00 p.m., or as soon 2 thereafter as counsel may be heard in Department 54 of the Sacramento Superior Court 3 located at 813 6th Street, Sacramento, Califomia, 95814, Defendant Health Net of 4 California, Inc., ("Health Net") will present an ex parte application to the Court for an 5 Order to Show Cause why James Bjorseth should not be held in civil contempt for 6 violating the deposition subpoena dated January 4, 2019, and personally served on 7 Mr. Bjorseth on January 9, 2019. 8 This ex parte application is made pursuant to California Code of Civil Procedure 9 Sections 1209, 1211, I2I2, e/ie^., 2020.240, 2023.030 and California Rules of Court 10 3.1200 - 3.1207, and is based on the fact that Mr. Bjorseth did not appear for his 11 deposition as required by the deposition subpoena. 12 On Tuesday, February 5, 2019, notice of this ex parte application was provided to 13 Scott Leviant, William Pao, and Shaun Setareh, of Setareh Law Group, located at 315 14 South Beverly Drive, Suite 315, Beverly Hills, CA 90212 (877) 777-3774 15 (shaun@setarehlaw.com), who is counsel of record to Plaintiff Tomas Arana, and to 16 Norm Blumenthal, A.J. Bhowmik, Janine Menhennet, and Piya Mukherjee, of 17 Blumenthal, Nordrehaug, & Bhowmik LLP, located at 2255 Calle Clara, La Jolla, CA 18 92037 (858)367-9913 (norm@bamlawca.com), who is counsel of record to Plaintiff 19 Andrea Spears. See Charging Declaration of Nicholas Horton in Support of Ex Parte 20 Application for Order to Show Cause ("Horton Decl."), H 2, Ex. A. 21 This application is based on this notice of motion and motion, the attached 22 Memorandum of Points and Authorities, the Charging Declaration of Nicholas Horton in 23 support of the application, and upon such further oral and/or documentary evidence as 24 may be presented at or prior to the hearing on this motion. 25 /// 26 /// 27 /// 28 /// -1- DEFENDANT'S EX PARTE APPUCATmn, MEMORANDUM IN SUPPORT THEREOF 4124-6865-3850 Dated: February 6, 2019 ORRICK, HHRRINGTON & SUTCLIFFE LLP 2 3 4 : H 0 L A S J. HORTON Attorneys for Defendant 5 HEALTH NET OF CALIFORNIA, INC. 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT'S £A'P/l/?7'£ APPLICATION, MEMORANDUM IN SUPPORT THEREOF 4124-6865-3850 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION 3 On January 9, 2019, Health Net personally served James Bjorseth with a subpoena to 4 appear for his deposition on January 23, 2019 at 9:00AM at the Law Offices of Orrick, 5 Herrington & Sutcliffe LLP, 777 S. Figueroa St., Suite 3200, Los Angeles, CA 90017. 6 Mr. Bjorseth deliberately and intentionally failed to follow the subpoena and did not appear for 7 his deposition. 8 The instant ex parte application asks the Court to initiate contempt proceedings against 9 Mr. Bjorseth for his deliberate violation of the January 4, 2019 deposition subpoena. 10 IL EX PARTE R E L I E F REOUESTED AND NOTICE 11 A. Ex Parte Relief Sought 12 By way of this ex parte application, Health Net seeks an Order to Show Cause why 13 Mr. Bjorseth should not be held in civil contempt for violating the January 4, 2019 deposition 14 subpoena. 15 B. Notice of the Ex Parte Application 16 Pursuant to California Rules of Court 3.1203 and 3.1204, on February 5, 2019, counsel for 17 Health Net provided Plaintiffs' counsel, Setareh Law Group and Blumenthal, Nordrehaug, & 18 Bhowmik LLP, with statutory notice of this ex parte application. See Charging Declaration of 19 Nicholas Horton in Support of Ex Parte Application for Order to Show Cause ("Horton Decl."), ^ 20 2, Ex. A. Notice was provided in writing via electronic mail. Id. 21 IIL JAMES BJORSETH W I L L F U L L Y DISOBEYED THE JANUARY 4. 2019 DEPOSITION SUBPOENA 22 23 Contempt proceedings may be initiated via an ex parte application for an order to show 24 cause. Cal. Code Civ. Proc. § 1211. Disobedience of a subpoena duly served constitutes 25 contempt. Cal. Code Civ. Proc. § I209(a)(10). Further, the disobedience of a subpoena may be 26 punished as a contempt by the Court issuing the subpoena, "without the necessity of a prior order 27 of court directing compliance by the witness." Cal. Code Civ. Proc. § 2020.240; see also 28 2023.030(e). -1- DEFENDANT'S gA'P/t/^rg APPLICATION, MEMORANDUM IN SUPPORT THEREOF 4124-6865-3850 On January 9, 2019, Health Net personally served Mr. Bjorseth with a deposition 2 subpoena. Horton Decl., ^ 3, Ex. B. The deposition was scheduled to take place on January 23, 3 2019 at 9:00AM at the Law Offices of Orrick, Herrington & Sutcliffe LLP, 777 S. Figueroa St., 4 Suite 3200, Los Angeles, CA 90017. On January 14, 2019, Plaintiff Spears, through her counsel, 5 improperly objected to Mr. Bjorseth's deposition, curiously stating that Mr. Bjorseth would not 6 appear for his deposition without indicating whether Spears' counsel represented Mr. Bjorseth. 7 Horton Decl., Ex. B. Between January 14, 2019, and January 22, 2019, Health Net contacted 8 Mr. Bjorseth on several occasions to confirm his attendance at the January 23, 2019 deposition. 9 Horton Decl., ^1 6. Mr. Bjorseth confirmed he was aware of his obligation to appear and asked 10 Health Net to move the deposition to a location closer to his home address. Id. Health Net 11 accommodated Mr. Bjorseth's request and moved the deposition from the Orrick offices in 12 downtown Los Angeles, California to an office space in Van Nuys, California. Id. On January 13 23, 2019, Mr. Bjorseth did not appear at either location for his noticed deposition. Id., ^ 7. Thus, 14 Mr. Bjorseth willingly violated the January 4, 2019 deposition subpoena and should be ordered to 15 show cause as to why he should not be held in contempt of Court. 16 IV. CONCLUSION 17 For the foregoing reasons. Health Net respectfully requests that this Court grant its ex 18 parte application and issue an order to show cause as to why Mr. Bjorseth should not be held in 19 contempt of Court. 20 Dated: February 6, 2019 ORRICK, HE_RR1^«JGT0N & SUTCLIFFE LLP 21 22 NICHOLAS J. HORTON 23 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 24 25 26 27 28 DEFENDANT'S f,VP/(«re APPLICATION, MEMORANDUM IN SUPPORT THEREOF 4124-6865-3850 pCed by |Ia9c 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton@orrick.com 3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 288167) afltzgerald@orrick.com 4 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 5 Sacramento, CA 95814-4497 Telephone: +1916 447 8299 6 Facsimile: +1 916 329 4900 7 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 ANDREA SPEARS, an individual, on behalf Consolidated CaseNo. 34-2017-00210560- 11 of herself and on behalf of all persons similarly CU-OE-GDS situated, 12 Plaintiff, [PROPOSED] ORDER GRANTING DEFENDANT HEALTH NET OF 13 CALIFORNIA, INC.'S EX PARTE APPLICATION FOR ORDER TO SHOW 14 HEALTH NET OF CALIFORNIA, INC., a CAUSE WHY JAMES BJORSETH California Corporation; and Does I through 50, SHOULD NOT BE HELD IN CIVIL 15 inclusive, CONTEMPT 16 Defendants. Date: February 7, 2019 Time: 2:00 p.m. 17 Dept: 54 Judge: Hon. Christopher E. Krueger 18 Complaint Filed: April 5, 2017 19 FAC Filed June 29,2017 20 Complaint Filed: August 1,2017 TOMAS R. ARANA, on behalf of himself, all 21 others similarly situated, Consolidated Complaint Filed: Dec. 21, 2017 22 Plaintiff, 23 v. 24 HEALTH NET OF CALIFORNIA, INC., a California corporation; and DOES 1-50, 25 inclusive. 26 Defendant. 27 28 rPROPOSEDI ORDER GRANTING DEFENDANT EX PARTE APPLICATION AGAINST JAMES BJORSETH 4154-4379-1642 1 TO PLAINTIFFS, THEIR COUNSEL OF RECORD, JAMES BJORSETH, AND 2 THEIR COUNSEL: 3 Defendant having presented to this Court sufficient grounds to initiate a contempt 4 proceeding, James Bjorseth is ordered to appear on at in Department 54 5 of this Court located at 813 6th Street, Sacramento, California, 95814 to show cause why he 6 should not be held in contempt for violating the deposition subpoena issued to him on January 4, 7 2019. 8 IT IS FURTHER ORDERED THAT: 9 This Order to Show Cause shall be served on Plaintiffs, their counsel of record, James 10 Bjorseth, and his counsel of record, by personal service or in some other manner that ensures 1 1 formal notification of the contempt charge and the time and place of the hearing no later than 12 . Proof of such service shall be filed at least court days prior to the 13 hearing. 14 Any opposition papers to the Order to Show Cause shall be filed and served on Defendant 15 by [personal service/facsimile transmission/overnight mail] no later than . 16 Any reply papers to the opposition shall be filed and served on Plaintiffs, their counsel of record, 17 James Bjorseth, and his counsel of record, by [personal service/facsimile transmission/overnight 18 mail] no later than . 19 IT IS SO ORDERED. 20 21 Dated: 22 By: 23 THE HONORABLE CHRISTOPHER E. KRUEGER 24 Judge of the Superior Court 25 26 27 28 fPROPOSEDI ORDER GRANTING DEFENDANT EX PARTE APPLICATION AGAINST JAMES BJORSETH 4154-4379-1642