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p(cd 5y Pc^/:
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417) v23
nhorton(§orrick.com
3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 288 I^6?j«? 'r OF SACRSS'^''^'^'*
afitzgerald@orrick.com ^
4 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
5 Sacramento, CA 95814-4497
Telephone: +1916 447 9200
6 Facsimile: +1916 329 4900
7 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10
11 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
of herself and on behalf of all persons similarly CU-OE-GDS
12 situated.
DEFENDANT'S E X PARTE
Plaintiff,
APPLICATION FOR AN ORDER TO
13 SHOW CAUSE R E CONTEMPT (TOBY
ALFRED); MEMORANDUM OF POINTS
14 AND AUTHORITIES IN SUPPORT
HEALTH NET OF CALIFORNIA, INC., a THEREOF
15 California Corporation; and Does I through 50,
inclusive. Date: February 7, 2019
16 Time: 1:45 p.m.
Defendants. Dept.: 54
17
Complaint Filed: April 5, 2017
18 FAC Filed: June 29, 2017
Consolidated Complaint Filed: Dec. 21, 2017
19
Complaint Filed: August 1,2017
TOMAS R. ARANA, on behalf of himself, all
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 P/I/^^E APPLICATION, MEMORANDUM IN SUPPORT THEREOF
4162-8769-8714
1 PLEASE TAKE NOTICE that on February 7, 2019 at 1:45 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, California, 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 Toby Alfred should not be held in civil contempt for violating
6 the deposition subpoena dated January 4, 2019.
7 This ex parte application is made pursuant to California Code of Civil Procedure
8 Sections 1209, 1211, 1212, e/^e^., 2020.240, 2023.030 and California Rules of Court
9 3.1200 - 3.1207, and is based on the fact that Mr. Alfred did not appear for his deposition
10 as required by the deposition subpoena.
11 On Tuesday, February 5, 2019, notice of this ex parte application was provided to
12 Scott Leviant, William Pao, and Shaun Setareh, of Setareh Law Group, located at 315
13 South Beverly Drive, Suite 315, Beverly Hills, CA 90212 (877) 777-3774
14 (shaun@setarehlaw.com), who is counsel of record to Plaintiff Tomas Arana, and to
15 Norm Blumenthal, Janine Menhennet, and Piya Mukherjee, of Blumenthal, Nordrehaug,
16 & Bhowmik LLP, located at 2255 Calle Clara, La Jolla, CA 92037(858)367-9913
17 (norm@bamlawca.com), who is counsel of record to Plaintiff Andrea Spears. See
18 Charging Declaration of Nicholas Horton in Support of Ex Parte Application for Order to
19 Show Cause, H 2, Ex. A.
20 This application is based on this notice of motion and motion, the attached
21 Memorandum of Points and Authorities, the Charging Declaration of Nicholas Horton in
22 support of the application, and upon such further oral and/or documentary evidence as
23 may be presented at or prior to the hearing on this motion.
24 Dated: February 6, 2019 ORRICK, HERR\NGT0N & SUTCLIFFE LLP
25
26
N CHOLAS J. HORTON
27 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
28
-1-
DEFENDANT'S EX PARTE APPLICATION, MEMORANDUM IN SUPPORT THEREOF
4162-8769-8714
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3 On January 9, 2019, Health Net personally served Toby Alfred with a subpoena to appear
4 for his deposition on January 17, 2019 at 9:00AM at the Law Offices of Orrick, Herrington &
5 Sutcliffe LLP, 400 Capitoi Mall, Suite 3000, Sacramento, CA 95814. Mr. Alfred deliberately and
6 intentionally failed to follow the subpoena and did not appear for his deposition.
7 The instant ex parte application asks the Court to initiate contempt proceedings against
8 Mr. Alfred for his deliberate violation of the January 4, 2019 deposition subpoena.
9 H. EX PARTE R E L I E F REOUESTED AND NOTICE
10 A. Ex Parte Relief Sought
11 By way of this ex parte application. Health Net seeks an Order to Show Cause why
12 Mr. Alfred should not be held in civil contempt for violating the January 4, 2019 deposition
13 subpoena.
14 B. Notice of the Ex Parte Application
15 Pursuant to California Rules of Court 3.1203 and 3.1204, on February 5, 2019, counsel for
16 Health Net provided Plaintiffs' counsel, Setareh Law Group and Blumenthal, Nordrehaug, &
17 Bhowmik LLP, with statutory notice of this ex parte application. See Charging Declaration of
18 Nicholas Horton in Support of Ex Parte Application for Order to Show Cause ("Horton Decl."),
19 2, Ex. A. Notice was provided in writing via electronic mail. Id.
20 I I I . TOBY ALFRED W I L L F U L L Y DISOBEYED THE JANUARY 4, 2019
DEPOSITION SUBPOENA
21
22 Contempt proceedings may be initiated via an ex parte application for an order to show
23 cause. Cal. Code Civ. Proc. § 1211. Disobedience of a subpoena duly served constitutes
24 contempt. Cal. Code Civ. Proc. § 1209(a)(10). Further, the disobedience of a subpoena may be
25 punished as a contempt by the Court issuing the subpoena, "without the necessity of a prior order
26 of court directing compliance by the witness." Cal. Code Civ. Proc. § 2020.240; see also
21 2023.030(e).
28 ///
-1-
DEFENDANT'S EX PARTE APPLICATION, MEMORANDUM IN SUPPORT THEREOF
4162-8769-8714
1 On January 9, 2019, Health Net personally served Mr. Alfred with a deposition subpoena.
2 Horton Decl., ^ 3, Ex. B. The deposition was scheduled to take place on January 17, 2019 at
3 9:00AM at the Law Offices of Orrick, Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000,
4 Sacramento, CA 95814. In his declaration in support of Plaintiff Arana's Motion for Class
5 Certification, Mr. Alfred expressly stated that he had retained Plaintiff Spears' counsel, the
6 Blumenthal firm, to represent him in this action and that he desired to serve as class
7 representative and was willing to participate in discovery. Id., Ex. C. On January 10, 2019, the
8 Blumenthal firm served Health Net with an improper "objection" to Mr. Alfred's deposition,
9 suggesting without any legal authority that Mr. Alfred was not obligated to attend the deposition
10 on the subpoenaed date and indicating that he would not appear. M , 1] 6, Ex. D. Although Health
11 Net was not obligated to do so. Health Net met and conferred with the Blumenthal firm in an
12 attempt to avoid having to seek court intervention to compel Mr. Alfred to appear at his
13 deposition. During the meet-and-confer process, the Blumenthal firm then directed Health Net to
14 coordinate issues relating to Mr. Alfred's deposition to Arana's counsel. Id.*^l. Health Net then
15 reached out to Arana's counsel. Id. Unfortunately, Arana's counsel failed to respond to Health
16 Net's attempt to coordinate Mr. Alfred's deposition. ld.,E\.E.
17 On January 17, 2019, at 9:00 a.m., Mr. Alfred failed to appear for his deposition. Id. \ 8.
18 Arana's counsel appeared for the deposition telephonically. Id., Ex F. When Health Net asked
19 Arana's counsel whether Mr. Alfred would be showing up for the deposition, Arana's counsel
20 confirmed she did not know—clarifying that they did not represent him and that they "had no
21 control over his appearance." Id. Given Mr. Alfred's purported status as a client of the
22 Blumenthal firm. Health Net could not call him directly to ascertain his whereabouts. Id.
23 Nonetheless, given that Mr. Alfred is a current employee of Health Net, Health Net's counsel
24 confirmed with Mr. Alfred's supervisor that Mr. Alfred was at work at the time of the deposition
25 and had not requested any time o f f Id. Thus, Mr. Alfred willingly violated the January 4, 2019
26 deposition subpoena and should be ordered to show cause as to why he should not be held in
27 contempt of Court.
28 ///
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DEFENDANT'S P/l/?r£ APPLICATION, MEMORANDUM IN SUPPORT THEREOF
4162-8769-8714
IV. CONCLUSION
2 For the foregoing reasons. Health Net respectfully requests that this Court grant its ex
3 parte application and issue an order to show cause.
4 Dated: February 6, 2019 ORRICK, l4pRRlNGT0N & SUTCLIFFE LLP
5
6
NICHOLAS J. HORTON
7 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
8
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DEFENDANT'S £.Y P/)^r£ APPLICATION, MEMORANDUM IN SUPPORT THEREOF
4162-8769-8714
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)
afitzgerald@orrick.com
4 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
5 Sacramento, CA 95814-4497
Telephone: +1916 447 8299
6 Facsimile: +1916 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 Case No. 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 V. CALIFORNIA, INC.'S EX PARTE
APPLICATION FOR ORDER TO SHOW
14 HEALTH NET OF CALIFORNIA, INC., a CAUSE WHY TOBY ALFRED SHOULD
California Corporation; and Does 1 through 50, NOT BE HELD IN C I V I L CONTEMPT
15 inclusive,
Date: February 7, 2019
16 Defendants. Time: 1:45 p.m.
Dept: 54
17 Judge: Hon. Christopher E. Krueger
18 Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
19
20 Complaint Filed: August 1,2017
TOMAS R. ARANA, on behalf of himself, all
Consolidated Complaint Filed: Dec. 21, 2017
21 others similarly situated.
22 Plaintiff
23 V.
24 HEALTH NET OF CALIFORNIA, INC., a
California corporation; and DOES 1-50,
inclusive.
25
26 Defendant.
27
28
rPROPOSEDI ORDER GRANTING DEFENDANT EX PARTE APPLICATION AGAINST TOBY ALFRED
4136-2116-9946
1 TO PLAINTIFFS, THEIR COUNSEL OF RECORD, TOBY JAE ALFRED, AND
2 HIS COUNSEL:
3 Defendant having presented to this Court sufficient grounds to initiate a contempt
4 proceeding, Toby Jae Alfred is ordered to appear on at in
5 Department 54 of this Court located at 813 6th Street, Sacramento, California, 95814 to show
6 cause why he should not be held in contempt for violating the deposition subpoena issued to him
7 on January 4, 2019.
8 IT IS FURTHER ORDERED THAT:
9 This Order to Show Cause shall be served on Plaintiffs, their counsel of record, Toby Jae
10 Alfred, and his counsel of record, by personal service or in some other manner that ensures
11 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 Toby Jae Alfred, 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
[PROPOSEDI ORDER GRANTING DEFENDANT EX PARTE APPLICATION AGAINST TOBY ALFRED
4136-2116-9946
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p(cd 5y Pc^/: 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) v23 nhorton(§orrick.com 3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 288 I^6?j«? 'r OF SACRSS'^''^'^'* afitzgerald@orrick.com ^ 4 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 5 Sacramento, CA 95814-4497 Telephone: +1916 447 9200 6 Facsimile: +1916 329 4900 7 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- of herself and on behalf of all persons similarly CU-OE-GDS 12 situated. DEFENDANT'S E X PARTE Plaintiff, APPLICATION FOR AN ORDER TO 13 SHOW CAUSE R E CONTEMPT (TOBY ALFRED); MEMORANDUM OF POINTS 14 AND AUTHORITIES IN SUPPORT HEALTH NET OF CALIFORNIA, INC., a THEREOF 15 California Corporation; and Does I through 50, inclusive. Date: February 7, 2019 16 Time: 1:45 p.m. Defendants. Dept.: 54 17 Complaint Filed: April 5, 2017 18 FAC Filed: June 29, 2017 Consolidated Complaint Filed: Dec. 21, 2017 19 Complaint Filed: August 1,2017 TOMAS R. ARANA, on behalf of himself, all 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 P/I/^^E APPLICATION, MEMORANDUM IN SUPPORT THEREOF 4162-8769-8714 1 PLEASE TAKE NOTICE that on February 7, 2019 at 1:45 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, California, 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 Toby Alfred should not be held in civil contempt for violating 6 the deposition subpoena dated January 4, 2019. 7 This ex parte application is made pursuant to California Code of Civil Procedure 8 Sections 1209, 1211, 1212, e/^e^., 2020.240, 2023.030 and California Rules of Court 9 3.1200 - 3.1207, and is based on the fact that Mr. Alfred did not appear for his deposition 10 as required by the deposition subpoena. 11 On Tuesday, February 5, 2019, notice of this ex parte application was provided to 12 Scott Leviant, William Pao, and Shaun Setareh, of Setareh Law Group, located at 315 13 South Beverly Drive, Suite 315, Beverly Hills, CA 90212 (877) 777-3774 14 (shaun@setarehlaw.com), who is counsel of record to Plaintiff Tomas Arana, and to 15 Norm Blumenthal, Janine Menhennet, and Piya Mukherjee, of Blumenthal, Nordrehaug, 16 & Bhowmik LLP, located at 2255 Calle Clara, La Jolla, CA 92037(858)367-9913 17 (norm@bamlawca.com), who is counsel of record to Plaintiff Andrea Spears. See 18 Charging Declaration of Nicholas Horton in Support of Ex Parte Application for Order to 19 Show Cause, H 2, Ex. A. 20 This application is based on this notice of motion and motion, the attached 21 Memorandum of Points and Authorities, the Charging Declaration of Nicholas Horton in 22 support of the application, and upon such further oral and/or documentary evidence as 23 may be presented at or prior to the hearing on this motion. 24 Dated: February 6, 2019 ORRICK, HERR\NGT0N & SUTCLIFFE LLP 25 26 N CHOLAS J. HORTON 27 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 28 -1- DEFENDANT'S EX PARTE APPLICATION, MEMORANDUM IN SUPPORT THEREOF 4162-8769-8714 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION 3 On January 9, 2019, Health Net personally served Toby Alfred with a subpoena to appear 4 for his deposition on January 17, 2019 at 9:00AM at the Law Offices of Orrick, Herrington & 5 Sutcliffe LLP, 400 Capitoi Mall, Suite 3000, Sacramento, CA 95814. Mr. Alfred deliberately and 6 intentionally failed to follow the subpoena and did not appear for his deposition. 7 The instant ex parte application asks the Court to initiate contempt proceedings against 8 Mr. Alfred for his deliberate violation of the January 4, 2019 deposition subpoena. 9 H. EX PARTE R E L I E F REOUESTED AND NOTICE 10 A. Ex Parte Relief Sought 11 By way of this ex parte application. Health Net seeks an Order to Show Cause why 12 Mr. Alfred should not be held in civil contempt for violating the January 4, 2019 deposition 13 subpoena. 14 B. Notice of the Ex Parte Application 15 Pursuant to California Rules of Court 3.1203 and 3.1204, on February 5, 2019, counsel for 16 Health Net provided Plaintiffs' counsel, Setareh Law Group and Blumenthal, Nordrehaug, & 17 Bhowmik LLP, with statutory notice of this ex parte application. See Charging Declaration of 18 Nicholas Horton in Support of Ex Parte Application for Order to Show Cause ("Horton Decl."), 19 2, Ex. A. Notice was provided in writing via electronic mail. Id. 20 I I I . TOBY ALFRED W I L L F U L L Y DISOBEYED THE JANUARY 4, 2019 DEPOSITION SUBPOENA 21 22 Contempt proceedings may be initiated via an ex parte application for an order to show 23 cause. Cal. Code Civ. Proc. § 1211. Disobedience of a subpoena duly served constitutes 24 contempt. Cal. Code Civ. Proc. § 1209(a)(10). Further, the disobedience of a subpoena may be 25 punished as a contempt by the Court issuing the subpoena, "without the necessity of a prior order 26 of court directing compliance by the witness." Cal. Code Civ. Proc. § 2020.240; see also 21 2023.030(e). 28 /// -1- DEFENDANT'S EX PARTE APPLICATION, MEMORANDUM IN SUPPORT THEREOF 4162-8769-8714 1 On January 9, 2019, Health Net personally served Mr. Alfred with a deposition subpoena. 2 Horton Decl., ^ 3, Ex. B. The deposition was scheduled to take place on January 17, 2019 at 3 9:00AM at the Law Offices of Orrick, Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000, 4 Sacramento, CA 95814. In his declaration in support of Plaintiff Arana's Motion for Class 5 Certification, Mr. Alfred expressly stated that he had retained Plaintiff Spears' counsel, the 6 Blumenthal firm, to represent him in this action and that he desired to serve as class 7 representative and was willing to participate in discovery. Id., Ex. C. On January 10, 2019, the 8 Blumenthal firm served Health Net with an improper "objection" to Mr. Alfred's deposition, 9 suggesting without any legal authority that Mr. Alfred was not obligated to attend the deposition 10 on the subpoenaed date and indicating that he would not appear. M , 1] 6, Ex. D. Although Health 11 Net was not obligated to do so. Health Net met and conferred with the Blumenthal firm in an 12 attempt to avoid having to seek court intervention to compel Mr. Alfred to appear at his 13 deposition. During the meet-and-confer process, the Blumenthal firm then directed Health Net to 14 coordinate issues relating to Mr. Alfred's deposition to Arana's counsel. Id.*^l. Health Net then 15 reached out to Arana's counsel. Id. Unfortunately, Arana's counsel failed to respond to Health 16 Net's attempt to coordinate Mr. Alfred's deposition. ld.,E\.E. 17 On January 17, 2019, at 9:00 a.m., Mr. Alfred failed to appear for his deposition. Id. \ 8. 18 Arana's counsel appeared for the deposition telephonically. Id., Ex F. When Health Net asked 19 Arana's counsel whether Mr. Alfred would be showing up for the deposition, Arana's counsel 20 confirmed she did not know—clarifying that they did not represent him and that they "had no 21 control over his appearance." Id. Given Mr. Alfred's purported status as a client of the 22 Blumenthal firm. Health Net could not call him directly to ascertain his whereabouts. Id. 23 Nonetheless, given that Mr. Alfred is a current employee of Health Net, Health Net's counsel 24 confirmed with Mr. Alfred's supervisor that Mr. Alfred was at work at the time of the deposition 25 and had not requested any time o f f Id. Thus, Mr. Alfred willingly violated the January 4, 2019 26 deposition subpoena and should be ordered to show cause as to why he should not be held in 27 contempt of Court. 28 /// -2- DEFENDANT'S P/l/?r£ APPLICATION, MEMORANDUM IN SUPPORT THEREOF 4162-8769-8714 IV. CONCLUSION 2 For the foregoing reasons. Health Net respectfully requests that this Court grant its ex 3 parte application and issue an order to show cause. 4 Dated: February 6, 2019 ORRICK, l4pRRlNGT0N & SUTCLIFFE LLP 5 6 NICHOLAS J. HORTON 7 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DEFENDANT'S £.Y P/)^r£ APPLICATION, MEMORANDUM IN SUPPORT THEREOF 4162-8769-8714 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) afitzgerald@orrick.com 4 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 5 Sacramento, CA 95814-4497 Telephone: +1916 447 8299 6 Facsimile: +1916 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 Case No. 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 V. CALIFORNIA, INC.'S EX PARTE APPLICATION FOR ORDER TO SHOW 14 HEALTH NET OF CALIFORNIA, INC., a CAUSE WHY TOBY ALFRED SHOULD California Corporation; and Does 1 through 50, NOT BE HELD IN C I V I L CONTEMPT 15 inclusive, Date: February 7, 2019 16 Defendants. Time: 1:45 p.m. Dept: 54 17 Judge: Hon. Christopher E. Krueger 18 Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 19 20 Complaint Filed: August 1,2017 TOMAS R. ARANA, on behalf of himself, all Consolidated Complaint Filed: Dec. 21, 2017 21 others similarly situated. 22 Plaintiff 23 V. 24 HEALTH NET OF CALIFORNIA, INC., a California corporation; and DOES 1-50, inclusive. 25 26 Defendant. 27 28 rPROPOSEDI ORDER GRANTING DEFENDANT EX PARTE APPLICATION AGAINST TOBY ALFRED 4136-2116-9946 1 TO PLAINTIFFS, THEIR COUNSEL OF RECORD, TOBY JAE ALFRED, AND 2 HIS COUNSEL: 3 Defendant having presented to this Court sufficient grounds to initiate a contempt 4 proceeding, Toby Jae Alfred is ordered to appear on at in 5 Department 54 of this Court located at 813 6th Street, Sacramento, California, 95814 to show 6 cause why he should not be held in contempt for violating the deposition subpoena issued to him 7 on January 4, 2019. 8 IT IS FURTHER ORDERED THAT: 9 This Order to Show Cause shall be served on Plaintiffs, their counsel of record, Toby Jae 10 Alfred, and his counsel of record, by personal service or in some other manner that ensures 11 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 Toby Jae Alfred, 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 [PROPOSEDI ORDER GRANTING DEFENDANT EX PARTE APPLICATION AGAINST TOBY ALFRED 4136-2116-9946