Preview
1 JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
2 400 Capitol Mall, Suite 1600
Sacramento, Califomia 95814
3 Telephone: (916)341-0404
Facsimile: (916)341-0141
4 Email: james.jones@iacksonlewis.com
5 JACKSON LEWIS P.C.
BENJAMIN A. MAINS (SBN 274056)
6 50 Califomia Street, 9^ Floor
San Francisco, Califomia 94111
7 Telephone: (415)394-9400
Facsimile: (415)394-9401
8 Email: beniamin.mains@jacksonlewis.com
9 Attomeys for Defendant
LIQUI-BOX CORPORATION
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SACRAMENTO
13 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
14 Plaintiff, DECLARATION OF JAMES T. JONES
IN SUPPORT OF DEFENDANT'S
15 vs. OPPOSITION TO PLAINTIFF'S
MOTION TO COMPEL FURTHER
16 RESPONSES TO SPECIAL
LIQUI-BOX CORPORATION, and DOES INTERROGATORIES, SET F I V E , AND
17 through 20, inclusive. MONETARY SANCTIONS
18 Defendants. Rescheduled Date: August 25,2022
Time: 1:30 p.m.
19 Dept:
Reservation No.: 2664200 gY FAX
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Complaint Filed: March 8,2019
21 Trial Date: September 12, 2022
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DECLARATION OF JONES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO
COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET FIVE
1 DECLARATION OF JAMES T. JONES
2 I, James T. Jones, declare:
3 1. 1 am an attomey at law duly licensed to practice law in the State of Califomia and
4 before this Court. 1 am a principal in the law firm of Jackson Lewis, P.C, attomeys of record for
5 Liqui Box Corporation ("Defendant"). I have personal knowledge of the following facts and, i f
6 called and swom as a witness, could and would competently testify thereto.
7 2. On January 24, 2020, Plaintiff Sajida Zaman ("Plaintiff) field a complaint in
8 Sacramento Superior Court against Defendant Liqui-Box Corporation. The complaint alleges
9 causes of action for (1) Wrongful Termination in Violation of Public Policy; (2) Retaliation in
10 Violation of Public Policy; (3) Disability Discrimination in Violation of the Fair Employment and
11 Housing Act ("FEHA"); (4) Failure to Engage in the Interactive Process in Violation of FEHA;
12 (5) Failure to Provide a Reasonable Accommodation in Violation of FEHA; (6) Intentional
13 Infliction of Emotional Distress; and (7) Unfair Competition Law several employment-related
14 claims under the Fair Employment and Housing Act and Violations of Public Policy.
15 3. On May 18, 2022, Plaintiff electronically served Defendant with Special
16 Interrogatories, Set Three, and Request for Production of Documents, Set Four. Six days later, on
17 May 24, 2022, Plaintiff electronically served Defendant with Special Interrogatories, Set Four,
18 and Request for Production of Documents, Set Five. A few days later, on May 27, 2022, Plaintiff
19 electronically served Defendant with Form Interrogatories - General, Set Two, Requests for
20 Admissions, Set One, and Special Interrogatories, Set Five, along with three notices of
21 depositions. A proof of service for the May 27, 2022, discovery was later submitted by Plaintiff
22 on May 31, 2022. Attached hereto as Exhibit A is a true and correct copy of Plaintiff s May 31,
23 2022, proof of service.
24 4. On June 24, 2022, Defense counsel assigned to the case requested a discovery
25 extension to respond to all outstanding discovery, including the Special Interrogatories, Set Five,
26 until after a mediation that was set for July 1, 2022. Attached hereto as Exhibit B is a true and
27 correct copy of the June 24, 2022, email requesting a discovery extension. Plaintiffs counsel
28 never responded to that email.
2
DECLARATION OF JONES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO
COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET FIVE
1 5. On June 30, 2022, 1 sent an email to Plaintiffs counsel explaining that our
2 calendaring department had made an error calendaring the response date on the discovery that
3 was served on May 27, 2022, because it based the date to respond on the May 31 proof of service,
4 rather than the May 27 service date. My email to opposing counsel requested that they not
5 proceed with motions related to the discovery and that they grant an extension. A tme and correct
6 copy of my June 30, 2022, email is attached hereto as Exhibit C. Instead, they proceeded with
7 motions and castigated me for making "excuses" and allegedly throwing a calendaring clerk
8 "under the bus." These are commonly the kinds of responses 1 get from opposing counsel when
9 trying to discuss matters of this nature and they have a tendency to derail good faith meeting and
10 conferring.
11 6. On August 2, 2022, I sent Plaintiffs counsel an email requesting to extend
12 discovery response dates. 1 reminded Plaintiffs counsel that the associate working on the case
13 went on leave on July 1 (earlier than expected), and due to other pressing matters, including filing
14 a reply brief to the summary judgment motion in this case, and efforts to find an associate who
15 could take over handing the case, 1 would be responding further in a few days. 1 offered to extend
16 the time for Plaintiff to file motions to compel to allow for fiirther meet and confer efforts. A tme
17 and correct copy of the August 2, 2022, email string addressing these matters is attached hereto as
18 Exhibit D. Plaintiffs counsel rebuffed these efforts to meet and confer.
19 7. Defendant intends to serve Code compliant responses to the outstanding discovery
20 and to seek relief from the waiver of any objections. Defense counsel intends to file a motion
21 with the Court to seek relief of any waiver of objections related to the discovery at issue.
22 1 declare under penalty of perjury that the foregoing is tme and correct. This declaration
23 was executed pursuant to the laws of the State of Califomia on August 15, 2022 in Sacramento,
24 Califomia. " I?"; ' ' ' ' ' ^ T ' j L ^
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26
JAMES T. JONES
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DECLARATION OF JONES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO
COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET FIVE
EXHIBIT A
1JOSHUA S. FALAKASSA (SBN: 295045)
FALAKASSA LAW, P.C.
2 1901 Avenue of the Stars Suite # 450
3 Los Angeles, Califomia 90067
Tel.: (818) 456-6168; Fax: (888) 505-0868
4 Email: josh@falakassalaw.com
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
LIBERTY 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,
9 SAHDA ZAMAN
SUPERIOR COURT OF CALIFORNIA
10
11 COUNTY OF SACRAMENTO
12
SAJIDA ZAMAN, ) Case No.: 34-2019-00252121
13
14 Plaintiff, ) PROOF OF SERVICE
vs. )
15
LIQUI-BOX CORPORATION, and DOES 1 )
16 through 20, inclusive.
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Defendants.
]
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PROOF OF SERVICE
PROOF OF S E R V I C E
2 I am employed in the County of Sacramento, State of Califomia. 1 am over the age of eighteen
years and not a party to the within action; my business address is Liberty Man Law, P.C, 1010 F Street,
3 Ste. 300, Sacramento, Califomia 95814.
4 On May 27, 2022,1 served the following document(s) described as
5 1. PLAINTIFF SAJIDA ZAMAN'S NOTICE OF DEPOSITION OF ANDREW
MCLELAND;
6
PLAINTIFF SAJIDA ZAMAN'S NOTICE O F DEPOSITION O F CHANCE
7 WILLIAMSON;
8 3. PLAINTIFF SAJIDA ZAMAN'S NOTICE OF DEPOSITION OF R A F A E L ZUNIGA;
9 4. PLAINTIFF SAJIDA ZAMAN'S FORM INTERROGATORIES—GENERAL, SET
TWO (2) TO DEFENDANT LIQUI-BOX CORPORATION;
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PLAINTIFF SAJIDA ZAMAN'S REQUESTS FOR ADMISSIONS TO DEFENDANT
11 LIQUI-BOX CORPORATION (SET ONE); and
12 6. PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES SET DEFENDANT
LIQUI-BOX CORPORATION (SET FIVE) wl DECLARATION O F ARASH
13 KHOSROWSHAHI REGARDING T H E NEED FOR ADDITIONAL SPECIAL
INTERROGATORIES TO DEFENDANT,
14 on counsel for Defendant Liqui-Box Corporation in this action as follows:
15
JACKSON LEWIS P.C JACKSON LEWIS P.C.
16 James Jones Kelsey Morris
400 Capitol Mall, Suite 1600 400 Capitol Mall, Suite 1600
17 Sacramento, CA 95814 Sacramento, CA 95814
Email: James.Jones@jacksonlewis.com Email: Kelsey.Morris@jacksonlewis.com
18
Pursuant to Emergency Rule 12 and Code of Civil Procedure § 1010.6,1 delivered a true and correct
19 copy of each of the documents listed above in electronic format from my business email address,
ash@libertymanlaw.com, to the email addresses listed above.
1 declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true
21 and correct.
22 Executed on May 31, 2022, at Sacramento, Califomia.
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ARASH S. KHOSROWSHAHI
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PROOF OF SERVICE
EXHIBIT B
Asano, Kelly H.. (Sacramento)
From: Morris, Kelsey F. (Sacramento)
Sent: Friday, June 24, 2022 4:32 PM
To: Arash Khosrowshahi; Josh@Falakassalaw.com; Greg Lang
Cc: Jones, James T. (Sacramento); Asano, Kelly (Sacramento)
Subject: RE: Zaman v LiquiBox SROGS Set 4 and RFP Set Five
Counsel,
Since the parties will be mediating this dispute, we suggest that the deadlines for all outstanding discovery be
postponed until after mediation (excluding the depositions, which shall proceed as scheduled). Please advise on whether
you are amenable to this request.
Thank you.
Kelsey F. Morris
o Attorney at Law
Jackson Lewis P.C.
400 Capitol Mall Suite 1600
Sacramento, CA 95814
Direct: (916) 288-3004 | Main: (916) 341-0404 | Mobile: (650) 465-0340
Kelsev.Morris(a)|acksonlewis.com | www.lacksonlewis.com
From: Greg Lang
Sent: Tuesday, May 24, 2022 4:20 PM
To: Jones. James T. (Sacramento); Morris. Kelsey F. (Sacramento); Asano, Kelly (Sacramento)
Cc: Arash Khosrowshahi: Joshua Falakassa; Kasra Torabi
Subject: Zaman v LiquiBox SROGS Set 4 and RFP Set Five
[EXTERNAL SENDER]
Counsels,
Attached along with Proof of Service are:
1) Declaration of Joshua Falakassa Regarding the Need for Additional Special Interrogatories to Defendant;
2) Plaintiff Sajida Zaman's Special Interrogatories to Defendant Liqui-Box, Inc., Set Four; and
3) Plaintiff Sajida Zaman's Request for Production to Defendant Liqui-Box, Inc., Set Five.
Gregory Lang, Esq.
FALAKASSA LAW, P.C.
1901 Avenue of the Stars, Suite # 450
Los Angeles, CA 90067
Direct: (707) 805-7398
Fax: ( 8 8 8 ) 5 0 5 - 0 8 6 8
www.falakassalaw.com
This electronic message contains information which may be confidential and privileged and is intended only for the
named addressee. Unless you are the addressee of this message you may not use, copy or disclose the contents of this
message to anyone. If you have received this message in error, please delete the message and advise the sender by
reply e-mail or by calling (707) 805-7398. Thank you.
EXHIBIT C
Jones, James T. (Sacramento)
From: Jones, James T. (Sacramento)
Sent: Thursday, June 30, 2022 1:41 PM
To: Arash Khosrowshahi; Joshua Falakassa; Kasra Torabi
Cc: Greg Lang; Asano, Kelly (Sacramento); Morris, Kelsey F. (Sacramento)
Subject: RE: Zaman v. Liqui-Box Corp.: Plaintiffs motion to deem RFAs admitted and motion to
compel response to FROG
Counsel,
Our calendaring department calendared a response date for July 5, 2022. The circumstances related to that calendaring
are as follows. The discovery you sent on May 27 did not have a proof of service attached. When you sent a proof of
service several days later (May 31), our calendaring department entered May 31 as the service date, thereby resulting in
a July 5 response date. We believe that the court will relieve us of any failure to timely respond. However, rather than
engaging in such motion work, we are meeting and conferring to request that you withdraw your motions and grant an
extension to respond, including with objections as appropriate (which is ultimately what we believe the court is going to
do). Please let us know your position.
James T. Jones
Attomey at Law
Jackson Lewis P.C.
400 Capitol Mall
Suite 1600
Sacramento, CA 95814
Direct: (916) 288-3020 j Main: (916) 341-0404
James.Jones(a)iacksonlewis.com j wvw.iacksonlewis.com
From: Arash Khosrowshahi
Sent: Wednesday, June 29, 2022 5:15 PM
To: Jones, James T. (Sacramento) ; Asano, Kelly (Sacramento)
; Morris, Kelsey F. (Sacramento)
Cc: Joshua Falakassa ; Kasra Torabi ; Greg Lang
Subject: Zaman v. Liqui-Box Corp.: Plaintiffs motion to deem RFAs admitted and motion to compel response to FROG
[EXTERNAL SENDER]
Counsel,
Please find attached Plaintiff's Motion for Requests for Admissions, Set 1 Deem Admitted and Monetary Sanctions,
Motion to Compel Response on Form Interrogatories, Set Two, and Monetary Sanctions, along with supporting papers
and proof of service.
Regards,
Arash "Ash" Khosrowshahi, Esq. (he/him)
EXHIBIT D
Asano, Kelly H.. (Sacramento)
From: Jones, James T. (Sacramento)
Sent: Tuesday, August 2, 2022 11:18 AM
To: Arash Khosrowshahi; Joshua Falakassa; Kasra Torabi; Greg Lang
Cc: Asano, Kelly H.. (Sacramento)
Subject: RE: Zaman v. Liqui-Box: Plaintiff's SROGs Set 5, RFAs Set 1, FROGs Gen. Set 2, depo
notices for Chance Williamson, Rafael Zuniga, and Andrew McLeland.
Additionally, if we need to postpone motion dates to be able to coordinate all this, I am willing to do so.
James T. Jones
o Attorney at Law
J a c k s o n Lewis P . C .
400 Capitol Mall
Suite 1600
Sacramento, CA 95814
Direct: (916) 288-3020 j Main: (916) 341-0404
James.Jones@iacksonlewis.com | www.jacksonlewis.com
From: Jones, James T. (Sacramento)
Sent: Tuesday, August 2, 2022 11:05 AM
To: Arash Khosrowshahi ; Joshua Falakassa ; Kasra Torabi
; Greg Lang
Cc: Asano, Kelly H.. (Sacramento)
Subject: RE: Zaman v. Liqui-Box: Plaintiff's SROGs Set 5, RFAs Set 1, FROGs Gen. Set 2, depo notices for Chance
Williamson, Rafael Zuniga, and Andrew McLeland.
Ash,
First, please send us the word version for your response to Defendant's separate statement of facts. We need this
today.
As you know, the associate working on the case with me went on leave. The discovery that is due was discovery she
sought an extension for but she did not get a response. I will be addressing that discovery and providing responses, but I
am preparing the reply brief for the MSJ this week. So, I will be tending to outstanding discovery as soon as possible, but
most likely not until this coming weekend. In the meantime, I am attempting to find an associate who will take over the
role Kelsey was handling on the case, but that is going to take me a few more days.
When can I expect t o receive responses to our discovery demands? And, when will Plaintiff appear for her deposition?
You also have not yet responded to my meet and confer communication about expert witnesses. As I indicated, we will
be making a motion to permit all of our experts if Plaintiff is not willing to stipulate.
We have attempted to locate Angela Beard to complete her deposition but it appears she is no longer residing at the
address where she was when you subpoenaed her. Because you subpoenaed her and have the ability to contact her,
and because she is not responding to our efforts to contact her, please let us know when she is going to be able t o
appear for deposition. If she does not cooperate, we will move to exclude her as a trial witness.
1
James T. Jones
o Attorney at Law
J a c k s o n Lewis P . C .
400 Capitol Mall
Suite 1600
Sacramento, CA 95814
Direct: (916) 288-3020 j Main: (916) 341-0404
James.Jones@iacksonlewis.com | www.|acksonlewis.com
From: Arash Khosrowshahi
Sent: Monday, August 1, 2022 12:42 PM
To: Jones, James T. (Sacramento) : Asano, Kelly H.. (Sacramento)
: Morris, Kelsey F. (Sacramento)
Cc: Joshua Falakassa : Greg Lang : Kasra Torabi
Subject: Re: Zaman v. Liqui-Box: Plaintiff's SROGs Set 5, RFAs Set 1, FROGs Gen. Set 2, depo notices for Chance
Williamson, Rafael Zuniga, and Andrew McLeland.
[EXTERNAL SENDER]
James,
In reviewing the records it appears your client also failed t o timely object or provide responses as to Plaintiff's SROGs Set
5, which was served on May 27, 2022. Please serve verified responses without objection no later than August 5, 2022, or
else we will file yet another motion to compel seeking sanctions.
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
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prohibited.
On Tue, May 31, 2022 at 5:17 PM Arash Khosrowshahi wrote:
See attached the aforementioned proof of service.
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.
On Fri, May 27, 2022 at 3:44 PM Arash Khosrowshahi wrote:
Counsel,
Please find attached the above-referenced discovery requests. Proof of service to follow.
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
ashdaijlbertvmanlaw.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 PROOF OF S E R V I C E
2 1 am employed in the County of Sacramento, State of Califomia. 1 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 August 15, 2022,1 served the within:
5 DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S OPPOSITION
TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL
6 INTERROGATORIES, SET FIVE, AND MONETARY SANCTIONS
7 on all interested parties in said action, through their attomeys of record as listed below, by placing
a tme and correct copy thereof, addressed as shown below, by the following means:
8
I I PERSONAL SERVICE - by causing personal delivery of a true and correct copy
9 thereof to the person at the address set forth below, in accordance with Code of Civil
Procedure section 1011(a).
10
I I M A I L - by placing a true and correct copy thereof enclosed in a sealed envelope with
11 postage thereon fully prepaid for deposit in the United States Post Office mailbox, at
my business address shown above, following Jackson Lewis P.C.'s ordinary business
12 practices for the collection and processing of mail, of which 1 am readily familiar, and
addressed as set forth below. On the same day correspondence is placed for collection
13 and mailing, it is deposited in the ordinary course of business with the United States
Postal Service.
14
|~| OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed
15 . in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility
regularly maintained by UPS or delivering to an authorized courier or driver
16 authorized by UPS to receive documents, addressed as set forth below.
17 [x] E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil
Procedure Section 1010.6(e)(l)(2), 1 caused the document(s) described above to be
18 sent from e-mail address kellv.asano(a),iacksonlewis.com to the person(s) at the e-mail
address(es) listed below. I did not receive, within a reasonable time after the
19 transmission, any electronic message or other indication that the transmission was
unsuccessful.
20
Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246)
21 FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C.
1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300
22 Los Angeles, CA 90067 Sacramento, CA 95814
Telephone: (818)456-6168 Telephone: (916)573-0469
23 Facsimile: (888) 505-0868 Facsimile: (866)700-0787
Email: Josh@Falakassalaw.com Email: ash(a),libertrvmanlaw.com
24
1 declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is tme and correct, and that this declaration was executed on August 15, 2022 at
26 Sacramento, Califomia. S/iQ^ffUdlf
27 Kelly Asano
4871-2958-5198, v. 1
28 "
PROOF OF SERVICE
Preview
1 JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) 2 400 Capitol Mall, Suite 1600 Sacramento, Califomia 95814 3 Telephone: (916)341-0404 Facsimile: (916)341-0141 4 Email: james.jones@iacksonlewis.com 5 JACKSON LEWIS P.C. BENJAMIN A. MAINS (SBN 274056) 6 50 Califomia Street, 9^ Floor San Francisco, Califomia 94111 7 Telephone: (415)394-9400 Facsimile: (415)394-9401 8 Email: beniamin.mains@jacksonlewis.com 9 Attomeys for Defendant LIQUI-BOX CORPORATION 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SACRAMENTO 13 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 14 Plaintiff, DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S 15 vs. OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER 16 RESPONSES TO SPECIAL LIQUI-BOX CORPORATION, and DOES INTERROGATORIES, SET F I V E , AND 17 through 20, inclusive. MONETARY SANCTIONS 18 Defendants. Rescheduled Date: August 25,2022 Time: 1:30 p.m. 19 Dept: Reservation No.: 2664200 gY FAX 20 Complaint Filed: March 8,2019 21 Trial Date: September 12, 2022 22 23 24 25 26 27 28 1 DECLARATION OF JONES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET FIVE 1 DECLARATION OF JAMES T. JONES 2 I, James T. Jones, declare: 3 1. 1 am an attomey at law duly licensed to practice law in the State of Califomia and 4 before this Court. 1 am a principal in the law firm of Jackson Lewis, P.C, attomeys of record for 5 Liqui Box Corporation ("Defendant"). I have personal knowledge of the following facts and, i f 6 called and swom as a witness, could and would competently testify thereto. 7 2. On January 24, 2020, Plaintiff Sajida Zaman ("Plaintiff) field a complaint in 8 Sacramento Superior Court against Defendant Liqui-Box Corporation. The complaint alleges 9 causes of action for (1) Wrongful Termination in Violation of Public Policy; (2) Retaliation in 10 Violation of Public Policy; (3) Disability Discrimination in Violation of the Fair Employment and 11 Housing Act ("FEHA"); (4) Failure to Engage in the Interactive Process in Violation of FEHA; 12 (5) Failure to Provide a Reasonable Accommodation in Violation of FEHA; (6) Intentional 13 Infliction of Emotional Distress; and (7) Unfair Competition Law several employment-related 14 claims under the Fair Employment and Housing Act and Violations of Public Policy. 15 3. On May 18, 2022, Plaintiff electronically served Defendant with Special 16 Interrogatories, Set Three, and Request for Production of Documents, Set Four. Six days later, on 17 May 24, 2022, Plaintiff electronically served Defendant with Special Interrogatories, Set Four, 18 and Request for Production of Documents, Set Five. A few days later, on May 27, 2022, Plaintiff 19 electronically served Defendant with Form Interrogatories - General, Set Two, Requests for 20 Admissions, Set One, and Special Interrogatories, Set Five, along with three notices of 21 depositions. A proof of service for the May 27, 2022, discovery was later submitted by Plaintiff 22 on May 31, 2022. Attached hereto as Exhibit A is a true and correct copy of Plaintiff s May 31, 23 2022, proof of service. 24 4. On June 24, 2022, Defense counsel assigned to the case requested a discovery 25 extension to respond to all outstanding discovery, including the Special Interrogatories, Set Five, 26 until after a mediation that was set for July 1, 2022. Attached hereto as Exhibit B is a true and 27 correct copy of the June 24, 2022, email requesting a discovery extension. Plaintiffs counsel 28 never responded to that email. 2 DECLARATION OF JONES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET FIVE 1 5. On June 30, 2022, 1 sent an email to Plaintiffs counsel explaining that our 2 calendaring department had made an error calendaring the response date on the discovery that 3 was served on May 27, 2022, because it based the date to respond on the May 31 proof of service, 4 rather than the May 27 service date. My email to opposing counsel requested that they not 5 proceed with motions related to the discovery and that they grant an extension. A tme and correct 6 copy of my June 30, 2022, email is attached hereto as Exhibit C. Instead, they proceeded with 7 motions and castigated me for making "excuses" and allegedly throwing a calendaring clerk 8 "under the bus." These are commonly the kinds of responses 1 get from opposing counsel when 9 trying to discuss matters of this nature and they have a tendency to derail good faith meeting and 10 conferring. 11 6. On August 2, 2022, I sent Plaintiffs counsel an email requesting to extend 12 discovery response dates. 1 reminded Plaintiffs counsel that the associate working on the case 13 went on leave on July 1 (earlier than expected), and due to other pressing matters, including filing 14 a reply brief to the summary judgment motion in this case, and efforts to find an associate who 15 could take over handing the case, 1 would be responding further in a few days. 1 offered to extend 16 the time for Plaintiff to file motions to compel to allow for fiirther meet and confer efforts. A tme 17 and correct copy of the August 2, 2022, email string addressing these matters is attached hereto as 18 Exhibit D. Plaintiffs counsel rebuffed these efforts to meet and confer. 19 7. Defendant intends to serve Code compliant responses to the outstanding discovery 20 and to seek relief from the waiver of any objections. Defense counsel intends to file a motion 21 with the Court to seek relief of any waiver of objections related to the discovery at issue. 22 1 declare under penalty of perjury that the foregoing is tme and correct. This declaration 23 was executed pursuant to the laws of the State of Califomia on August 15, 2022 in Sacramento, 24 Califomia. " I?"; ' ' ' ' ' ^ T ' j L ^ 25 26 JAMES T. JONES 27 28 DECLARATION OF JONES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET FIVE EXHIBIT A 1JOSHUA S. FALAKASSA (SBN: 295045) FALAKASSA LAW, P.C. 2 1901 Avenue of the Stars Suite # 450 3 Los Angeles, Califomia 90067 Tel.: (818) 456-6168; Fax: (888) 505-0868 4 Email: josh@falakassalaw.com 5 ARASH S. KHOSROWSHAHI (SBN: 293246) LIBERTY 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, 9 SAHDA ZAMAN SUPERIOR COURT OF CALIFORNIA 10 11 COUNTY OF SACRAMENTO 12 SAJIDA ZAMAN, ) Case No.: 34-2019-00252121 13 14 Plaintiff, ) PROOF OF SERVICE vs. ) 15 LIQUI-BOX CORPORATION, and DOES 1 ) 16 through 20, inclusive. 17 18 Defendants. ] 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE PROOF OF S E R V I C E 2 I am employed in the County of Sacramento, State of Califomia. 1 am over the age of eighteen years and not a party to the within action; my business address is Liberty Man Law, P.C, 1010 F Street, 3 Ste. 300, Sacramento, Califomia 95814. 4 On May 27, 2022,1 served the following document(s) described as 5 1. PLAINTIFF SAJIDA ZAMAN'S NOTICE OF DEPOSITION OF ANDREW MCLELAND; 6 PLAINTIFF SAJIDA ZAMAN'S NOTICE O F DEPOSITION O F CHANCE 7 WILLIAMSON; 8 3. PLAINTIFF SAJIDA ZAMAN'S NOTICE OF DEPOSITION OF R A F A E L ZUNIGA; 9 4. PLAINTIFF SAJIDA ZAMAN'S FORM INTERROGATORIES—GENERAL, SET TWO (2) TO DEFENDANT LIQUI-BOX CORPORATION; 10 PLAINTIFF SAJIDA ZAMAN'S REQUESTS FOR ADMISSIONS TO DEFENDANT 11 LIQUI-BOX CORPORATION (SET ONE); and 12 6. PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES SET DEFENDANT LIQUI-BOX CORPORATION (SET FIVE) wl DECLARATION O F ARASH 13 KHOSROWSHAHI REGARDING T H E NEED FOR ADDITIONAL SPECIAL INTERROGATORIES TO DEFENDANT, 14 on counsel for Defendant Liqui-Box Corporation in this action as follows: 15 JACKSON LEWIS P.C JACKSON LEWIS P.C. 16 James Jones Kelsey Morris 400 Capitol Mall, Suite 1600 400 Capitol Mall, Suite 1600 17 Sacramento, CA 95814 Sacramento, CA 95814 Email: James.Jones@jacksonlewis.com Email: Kelsey.Morris@jacksonlewis.com 18 Pursuant to Emergency Rule 12 and Code of Civil Procedure § 1010.6,1 delivered a true and correct 19 copy of each of the documents listed above in electronic format from my business email address, ash@libertymanlaw.com, to the email addresses listed above. 1 declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true 21 and correct. 22 Executed on May 31, 2022, at Sacramento, Califomia. 23 24 25 ARASH S. KHOSROWSHAHI 26 27 28 PROOF OF SERVICE EXHIBIT B Asano, Kelly H.. (Sacramento) From: Morris, Kelsey F. (Sacramento) Sent: Friday, June 24, 2022 4:32 PM To: Arash Khosrowshahi; Josh@Falakassalaw.com; Greg Lang Cc: Jones, James T. (Sacramento); Asano, Kelly (Sacramento) Subject: RE: Zaman v LiquiBox SROGS Set 4 and RFP Set Five Counsel, Since the parties will be mediating this dispute, we suggest that the deadlines for all outstanding discovery be postponed until after mediation (excluding the depositions, which shall proceed as scheduled). Please advise on whether you are amenable to this request. Thank you. Kelsey F. Morris o Attorney at Law Jackson Lewis P.C. 400 Capitol Mall Suite 1600 Sacramento, CA 95814 Direct: (916) 288-3004 | Main: (916) 341-0404 | Mobile: (650) 465-0340 Kelsev.Morris(a)|acksonlewis.com | www.lacksonlewis.com From: Greg Lang Sent: Tuesday, May 24, 2022 4:20 PM To: Jones. James T. (Sacramento); Morris. Kelsey F. (Sacramento); Asano, Kelly (Sacramento) Cc: Arash Khosrowshahi: Joshua Falakassa; Kasra Torabi Subject: Zaman v LiquiBox SROGS Set 4 and RFP Set Five [EXTERNAL SENDER] Counsels, Attached along with Proof of Service are: 1) Declaration of Joshua Falakassa Regarding the Need for Additional Special Interrogatories to Defendant; 2) Plaintiff Sajida Zaman's Special Interrogatories to Defendant Liqui-Box, Inc., Set Four; and 3) Plaintiff Sajida Zaman's Request for Production to Defendant Liqui-Box, Inc., Set Five. Gregory Lang, Esq. FALAKASSA LAW, P.C. 1901 Avenue of the Stars, Suite # 450 Los Angeles, CA 90067 Direct: (707) 805-7398 Fax: ( 8 8 8 ) 5 0 5 - 0 8 6 8 www.falakassalaw.com This electronic message contains information which may be confidential and privileged and is intended only for the named addressee. Unless you are the addressee of this message you may not use, copy or disclose the contents of this message to anyone. If you have received this message in error, please delete the message and advise the sender by reply e-mail or by calling (707) 805-7398. Thank you. EXHIBIT C Jones, James T. (Sacramento) From: Jones, James T. (Sacramento) Sent: Thursday, June 30, 2022 1:41 PM To: Arash Khosrowshahi; Joshua Falakassa; Kasra Torabi Cc: Greg Lang; Asano, Kelly (Sacramento); Morris, Kelsey F. (Sacramento) Subject: RE: Zaman v. Liqui-Box Corp.: Plaintiffs motion to deem RFAs admitted and motion to compel response to FROG Counsel, Our calendaring department calendared a response date for July 5, 2022. The circumstances related to that calendaring are as follows. The discovery you sent on May 27 did not have a proof of service attached. When you sent a proof of service several days later (May 31), our calendaring department entered May 31 as the service date, thereby resulting in a July 5 response date. We believe that the court will relieve us of any failure to timely respond. However, rather than engaging in such motion work, we are meeting and conferring to request that you withdraw your motions and grant an extension to respond, including with objections as appropriate (which is ultimately what we believe the court is going to do). Please let us know your position. James T. Jones Attomey at Law Jackson Lewis P.C. 400 Capitol Mall Suite 1600 Sacramento, CA 95814 Direct: (916) 288-3020 j Main: (916) 341-0404 James.Jones(a)iacksonlewis.com j wvw.iacksonlewis.com From: Arash Khosrowshahi Sent: Wednesday, June 29, 2022 5:15 PM To: Jones, James T. (Sacramento) ; Asano, Kelly (Sacramento) ; Morris, Kelsey F. (Sacramento) Cc: Joshua Falakassa ; Kasra Torabi ; Greg Lang Subject: Zaman v. Liqui-Box Corp.: Plaintiffs motion to deem RFAs admitted and motion to compel response to FROG [EXTERNAL SENDER] Counsel, Please find attached Plaintiff's Motion for Requests for Admissions, Set 1 Deem Admitted and Monetary Sanctions, Motion to Compel Response on Form Interrogatories, Set Two, and Monetary Sanctions, along with supporting papers and proof of service. Regards, Arash "Ash" Khosrowshahi, Esq. (he/him) EXHIBIT D Asano, Kelly H.. (Sacramento) From: Jones, James T. (Sacramento) Sent: Tuesday, August 2, 2022 11:18 AM To: Arash Khosrowshahi; Joshua Falakassa; Kasra Torabi; Greg Lang Cc: Asano, Kelly H.. (Sacramento) Subject: RE: Zaman v. Liqui-Box: Plaintiff's SROGs Set 5, RFAs Set 1, FROGs Gen. Set 2, depo notices for Chance Williamson, Rafael Zuniga, and Andrew McLeland. Additionally, if we need to postpone motion dates to be able to coordinate all this, I am willing to do so. James T. Jones o Attorney at Law J a c k s o n Lewis P . C . 400 Capitol Mall Suite 1600 Sacramento, CA 95814 Direct: (916) 288-3020 j Main: (916) 341-0404 James.Jones@iacksonlewis.com | www.jacksonlewis.com From: Jones, James T. (Sacramento) Sent: Tuesday, August 2, 2022 11:05 AM To: Arash Khosrowshahi ; Joshua Falakassa ; Kasra Torabi ; Greg Lang Cc: Asano, Kelly H.. (Sacramento) Subject: RE: Zaman v. Liqui-Box: Plaintiff's SROGs Set 5, RFAs Set 1, FROGs Gen. Set 2, depo notices for Chance Williamson, Rafael Zuniga, and Andrew McLeland. Ash, First, please send us the word version for your response to Defendant's separate statement of facts. We need this today. As you know, the associate working on the case with me went on leave. The discovery that is due was discovery she sought an extension for but she did not get a response. I will be addressing that discovery and providing responses, but I am preparing the reply brief for the MSJ this week. So, I will be tending to outstanding discovery as soon as possible, but most likely not until this coming weekend. In the meantime, I am attempting to find an associate who will take over the role Kelsey was handling on the case, but that is going to take me a few more days. When can I expect t o receive responses to our discovery demands? And, when will Plaintiff appear for her deposition? You also have not yet responded to my meet and confer communication about expert witnesses. As I indicated, we will be making a motion to permit all of our experts if Plaintiff is not willing to stipulate. We have attempted to locate Angela Beard to complete her deposition but it appears she is no longer residing at the address where she was when you subpoenaed her. Because you subpoenaed her and have the ability to contact her, and because she is not responding to our efforts to contact her, please let us know when she is going to be able t o appear for deposition. If she does not cooperate, we will move to exclude her as a trial witness. 1 James T. Jones o Attorney at Law J a c k s o n Lewis P . C . 400 Capitol Mall Suite 1600 Sacramento, CA 95814 Direct: (916) 288-3020 j Main: (916) 341-0404 James.Jones@iacksonlewis.com | www.|acksonlewis.com From: Arash Khosrowshahi Sent: Monday, August 1, 2022 12:42 PM To: Jones, James T. (Sacramento) : Asano, Kelly H.. (Sacramento) : Morris, Kelsey F. (Sacramento) Cc: Joshua Falakassa : Greg Lang : Kasra Torabi Subject: Re: Zaman v. Liqui-Box: Plaintiff's SROGs Set 5, RFAs Set 1, FROGs Gen. Set 2, depo notices for Chance Williamson, Rafael Zuniga, and Andrew McLeland. [EXTERNAL SENDER] James, In reviewing the records it appears your client also failed t o timely object or provide responses as to Plaintiff's SROGs Set 5, which was served on May 27, 2022. Please serve verified responses without objection no later than August 5, 2022, or else we will file yet another motion to compel seeking sanctions. 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. On Tue, May 31, 2022 at 5:17 PM Arash Khosrowshahi wrote: See attached the aforementioned proof of service. 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. On Fri, May 27, 2022 at 3:44 PM Arash Khosrowshahi wrote: Counsel, Please find attached the above-referenced discovery requests. Proof of service to follow. 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 ashdaijlbertvmanlaw.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 PROOF OF S E R V I C E 2 1 am employed in the County of Sacramento, State of Califomia. 1 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 August 15, 2022,1 served the within: 5 DECLARATION OF JAMES T. JONES IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL 6 INTERROGATORIES, SET FIVE, AND MONETARY SANCTIONS 7 on all interested parties in said action, through their attomeys of record as listed below, by placing a tme and correct copy thereof, addressed as shown below, by the following means: 8 I I PERSONAL SERVICE - by causing personal delivery of a true and correct copy 9 thereof to the person at the address set forth below, in accordance with Code of Civil Procedure section 1011(a). 10 I I M A I L - by placing a true and correct copy thereof enclosed in a sealed envelope with 11 postage thereon fully prepaid for deposit in the United States Post Office mailbox, at my business address shown above, following Jackson Lewis P.C.'s ordinary business 12 practices for the collection and processing of mail, of which 1 am readily familiar, and addressed as set forth below. On the same day correspondence is placed for collection 13 and mailing, it is deposited in the ordinary course of business with the United States Postal Service. 14 |~| OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed 15 . in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility regularly maintained by UPS or delivering to an authorized courier or driver 16 authorized by UPS to receive documents, addressed as set forth below. 17 [x] E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil Procedure Section 1010.6(e)(l)(2), 1 caused the document(s) described above to be 18 sent from e-mail address kellv.asano(a),iacksonlewis.com to the person(s) at the e-mail address(es) listed below. I did not receive, within a reasonable time after the 19 transmission, any electronic message or other indication that the transmission was unsuccessful. 20 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246) 21 FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C. 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300 22 Los Angeles, CA 90067 Sacramento, CA 95814 Telephone: (818)456-6168 Telephone: (916)573-0469 23 Facsimile: (888) 505-0868 Facsimile: (866)700-0787 Email: Josh@Falakassalaw.com Email: ash(a),libertrvmanlaw.com 24 1 declare under penalty of perjury under the laws of the State of Califomia that the foregoing is tme and correct, and that this declaration was executed on August 15, 2022 at 26 Sacramento, Califomia. S/iQ^ffUdlf 27 Kelly Asano 4871-2958-5198, v. 1 28 " PROOF OF SERVICE