On December 15, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Franey, Ashley,
Sanchez, Patricia,
Sanchez, Ray S.,
and
Casper Pharma, Llc,
Prometheus Laboratories, Inc,
Sebela Pharmaceuticals, Inc,
for Product Liability Unlimited
in the District Court of San Bernardino County.
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Connor G. Sheehan*
Texas Bar N0. 24046827
csheehan@dunnsheehan.com
DUNN SHEEHAN LLP F LE
l
D
StérgEURoOR COURT
0F CALIFORNIA
3400 Carlisle Street, Suite 200 0F SAN
g AN BERNARDINQ NARDINO
.
Dallas,Texas 75204 DISTRICT
Phone: 214.866.0077
Fax: 214.866.0070 JUN 17 2021
*Admitted pro hac vice
17/ I
’
Robert A. Mosier, BY ———._.
California Bar No. 164241 ME ISSA PEREZ,
DEPUT?
r0bmosier@gmail.com
LAW OFFICE OF ROBERT A. MOSIER
22672 Waterway Lane
Lake Forest, California 92630
Telephone: (949) 233-7002
10
Attorneys for Plaintiffs
11
SAN BERNARDINO COUNTY
12 SAN BERNARDINO SUPERIOR COURT
13
ASHLEY FRANEY, INDIVIDUALLY AND Case N0. CIV SB2027727
14 AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF DANIEL J. SANCHEZ, PLAINTIFF’S SEPARATE STATEMENT
15
DECEASED AND AS GUARDIAN AD OF FACTS IN SUPPORT OF
LITEM FOR S.S., MINOR CHILD PLAINTIFF’S MOTION TO COMPEL
16
JURISDICTIONAL DISCOVERY
17 Plaintiffs,
Date: September 8, 2021
18 vs. Time: 9:00 A.M.
Dept: S27
19
PROMETHEUS LABORATORIES, SEBELA Action Filed: 12/15/2020
PHARMACEUTICALS, CASPER Tn'al Date: Not Set
20 INC., and
PHARMA, LLC.
21
Defendants.
22
23
24
25
26
27
28
Plaintiff’s Separate Statement 0f Facts in Support of Plaintiff’s Motion to Compel
SEPARATE STATEMENT OF DISCOVERY REQUESTS IN DISPUTE
To aid the Coun in resolving this Motion t0 Compel, PlaintiffAshley Franey as Guardian Ad
Litem for her Minor Child S.S. (“Plaintiff”) submits this separate statement listing the specific
jurisdictional discovery requests that are in dispute in Plaintiff’s Motion, along with the Plaintiff s
arguments regarding why further responses should be compelled.
I. ZYLOPRIM SALES AND DISTRIBUTION IN CALIFORNIA
Reqilest for Production Defendants? Response Reasons Why Production
. Should «BVe‘ gpmpelled
3 Indemnity agreements Sebela’s Response: Sebela is unable to Zvloprim Sales and Distribution
between Defendant and comply with this Request as set forth in in California: Defendants do not
its California distributors CCP § 2031.010 for the following deny that they caused Zyloprim to
or wholesalers. reasons. Sebela objects to this Request be distributed in California. The
on the grounds that it is overly broad, Court is entitled to consider these
11
irrelevant and unduly burdensome in facts as a part ofits jurisdictional
that it seeks information relating to drugs analysis. The discovery will also
12
other than Zyloprim® and to time establish that Defendants have
periods not at issue in Sebela’s Motion benefitted from their contacts
13
to Quash for Lack Service of Summons with the state.
and Complaint for Lack of Personal
14
Jurisdiction, filed March 22, 2021, or
which are relevant to Plaintiff‘s claims.
15
The relevant time period to examine is
from approximately the time the claim
16
arose or occurred up to the time Sebela
was made a party to this lawsuit;
17
from December 2018 to February 4,
2021. Strasner v.T0uchstone Wireless
18
Repair & Logistics, LP, (4th Dist. 2016)
5 Cal. App. 5th 215 [210 Cal. Rptr. 3d
19
16] (“The relevant time period for
measuring the nature and quality 0f a
20
nonresident defendant’s contacts with
the forum for purposes of specific
21
jurisdiction is at the time the plaintiffs
cause ofaction arose.”). Sebela objects
22
to this Request as overly broad,
unduly burdensome and seeking
23
irrelevant information because it is
unlimited in time and therefore lacks
24
reasonable specificity Sebela also
objects to this Request to the extent
25
that it seeks proprietary or confidential
business information, trade secrets,
26
information protected from disclosure or
discovery by the privacy rights of third
27
parties, or other sensitive information.
Sebela also objects to the extent this
28
Request seeks documents and
Plaintiff’s Separate Statement of Facts in Support of Plaintiff’s Motion t0 Compel 2
Document Filed Date
June 17, 2021
Case Filing Date
December 15, 2020
Category
Product Liability Unlimited
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Connor G. Sheehan* Texas Bar N0. 24046827 csheehan@dunnsheehan.com DUNN SHEEHAN LLP F LE l D StérgEURoOR COURT 0F CALIFORNIA 3400 Carlisle Street, Suite 200 0F SAN g AN BERNARDINQ NARDINO . Dallas,Texas 75204 DISTRICT Phone: 214.866.0077 Fax: 214.866.0070 JUN 17 2021 *Admitted pro hac vice 17/ I ’ Robert A. Mosier, BY ———._. California Bar No. 164241 ME ISSA PEREZ, DEPUT? r0bmosier@gmail.com LAW OFFICE OF ROBERT A. MOSIER 22672 Waterway Lane Lake Forest, California 92630 Telephone: (949) 233-7002 10 Attorneys for Plaintiffs 11 SAN BERNARDINO COUNTY 12 SAN BERNARDINO SUPERIOR COURT 13 ASHLEY FRANEY, INDIVIDUALLY AND Case N0. CIV SB2027727 14 AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DANIEL J. SANCHEZ, PLAINTIFF’S SEPARATE STATEMENT 15 DECEASED AND AS GUARDIAN AD OF FACTS IN SUPPORT OF LITEM FOR S.S., MINOR CHILD PLAINTIFF’S MOTION TO COMPEL 16 JURISDICTIONAL DISCOVERY 17 Plaintiffs, Date: September 8, 2021 18 vs. Time: 9:00 A.M. Dept: S27 19 PROMETHEUS LABORATORIES, SEBELA Action Filed: 12/15/2020 PHARMACEUTICALS, CASPER Tn'al Date: Not Set 20 INC., and PHARMA, LLC. 21 Defendants. 22 23 24 25 26 27 28 Plaintiff’s Separate Statement 0f Facts in Support of Plaintiff’s Motion to Compel SEPARATE STATEMENT OF DISCOVERY REQUESTS IN DISPUTE To aid the Coun in resolving this Motion t0 Compel, PlaintiffAshley Franey as Guardian Ad Litem for her Minor Child S.S. (“Plaintiff”) submits this separate statement listing the specific jurisdictional discovery requests that are in dispute in Plaintiff’s Motion, along with the Plaintiff s arguments regarding why further responses should be compelled. I. ZYLOPRIM SALES AND DISTRIBUTION IN CALIFORNIA Reqilest for Production Defendants? Response Reasons Why Production . Should «BVe‘ gpmpelled 3 Indemnity agreements Sebela’s Response: Sebela is unable to Zvloprim Sales and Distribution between Defendant and comply with this Request as set forth in in California: Defendants do not its California distributors CCP § 2031.010 for the following deny that they caused Zyloprim to or wholesalers. reasons. Sebela objects to this Request be distributed in California. The on the grounds that it is overly broad, Court is entitled to consider these 11 irrelevant and unduly burdensome in facts as a part ofits jurisdictional that it seeks information relating to drugs analysis. The discovery will also 12 other than Zyloprim® and to time establish that Defendants have periods not at issue in Sebela’s Motion benefitted from their contacts 13 to Quash for Lack Service of Summons with the state. and Complaint for Lack of Personal 14 Jurisdiction, filed March 22, 2021, or which are relevant to Plaintiff‘s claims. 15 The relevant time period to examine is from approximately the time the claim 16 arose or occurred up to the time Sebela was made a party to this lawsuit; 17 from December 2018 to February 4, 2021. Strasner v.T0uchstone Wireless 18 Repair & Logistics, LP, (4th Dist. 2016) 5 Cal. App. 5th 215 [210 Cal. Rptr. 3d 19 16] (“The relevant time period for measuring the nature and quality 0f a 20 nonresident defendant’s contacts with the forum for purposes of specific 21 jurisdiction is at the time the plaintiffs cause ofaction arose.”). Sebela objects 22 to this Request as overly broad, unduly burdensome and seeking 23 irrelevant information because it is unlimited in time and therefore lacks 24 reasonable specificity Sebela also objects to this Request to the extent 25 that it seeks proprietary or confidential business information, trade secrets, 26 information protected from disclosure or discovery by the privacy rights of third 27 parties, or other sensitive information. Sebela also objects to the extent this 28 Request seeks documents and Plaintiff’s Separate Statement of Facts in Support of Plaintiff’s Motion t0 Compel 2