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1 DOWNEY BRAND LLP
WILLIAM R. WARNE (Bar No. 141280) ENDORSED
2 ANNIE S. AMARAL (Bar No. 238189)
621 Capitol Mall, I Stii Floor
3 Sacramento, CA 95814-4731
Telephone: 916.444:1000
4 Facsimile: 916,444.2100
bwame@downeybrand.com
5 aamaral@downeybrand.com
6 Attomeys for Plaintiff
CHARLES SOMERS, individually and as ti^stee for the
7 CHARLES SOMERS LIVING TRUST
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10
11 CHARLES SOMERS, individually and as CASE NO. 34-2018-00229212
tmstee for the CHARLES SOMERS
12 LIVING TRUST, DECLARATION OF ANNIE S. AMARAL
PH IN SUPPORT OF PLAINTIFF'S MOTION
hq 13 Plaintiff, TO eO^iPEL DEFENDANT DR. JAMES
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Q LONGORIA?^ FURTHER DISCOVERY
Z 14 RESPONSES t o REQUEST FOR
< PRODUCTION OF DOCUMENTS, SET
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DQ DR. JAMES LONGORIA, an uidividual, ONE, AND REQUEST FOR MONETARY
andDOES 1-10, SANCTIONS
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Defendant.
o 17 Date: November 14, 2018
Q Time: 9:00 a.m.
18 Dept.: 54
19 Complaint Filed: March 16,2018
Trial Date: TBD
20
21 I, Annie S. Amaral, declare:
22 1. I am an attomey at law licensed to practice before the Courts of the State of
23 Califomia and before this Court. I am a partner with ttie law firm of Dbwney Brand LLP,
24 attomeys of record for Plaintiff Charles Somers, individually and as tmstee for the Charles
25 Somers Living Tmst ("Somers").
26 2. On March 16, 2018, Somers filed this action against Defendant Dr. James
27 Longoria.
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1533743.1 1
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP
1 3. Somers served his Request for Production of Documents (Set One) on May 2,
2 2018, by personal service. These requests specifically instmcted Dr. Longoria to produce
3 responsive documents in native file format, and include detailed instmctions for the production of
4 elecfronically stored information ("ESI"). A tme and conect copy of Somers's Request for
5 Production of Documents (Set One) is attached hefeto as Exhibit B.
6 4. Dr. Longoria filed a motion to quash on Mky 7, 2018, which stayed his deadline to
7 serve responses to these requests.
8 5. On June 6, 2018, the Court denied the motion to quash and ordered Dr. Longoria
9 to provide discovery responses by July 6, 2018.
10 6. On June 19, 2018, Dr. Longbria's counsel, Jan Dudensing, emailed my partner
11 William R. Wame, and copied me. Ms. Dudensing's email stated:
12 I am curious as to why you think you are entitled t9 elecfronic
PH discovery responses? I haveriotfound any aiithority to suggest you
hq 13 are. Please provide me with some. Because of that, we will be
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Q serving you \yith essentially banker boxes, of duplicative documents
Z 14 that you already haive. So be it. But, we are nbt doing a minute
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Z A tme and conect copy of Ms. Dudensing's June 19, 2018, email is attached hereto as Exhibit D.
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O 17 7. Mr. Wame responded the next day, endeavoring to meet and confer regarding the
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18 Code of Civil Procedure's allowances for e-discovery. A tfucand conect copy of Mr. Wame's
19 June 20, 2018, email to Ms. Dudensing, which copied me, is attached hereto as Exhibit E.
20 8. On June 20, 2018, Mr. Wame and Ms. Dudensing exchangedfiirtheremails
21 regarding the requirement that emails and elecfronically stored information be produced in
22 elecfronic format, but Ms. Dudensing did not ever acknowledge the validity of the legal
23 authorities provided by Mr. Wame, and no resolution on this issue was reached. A tme and
24 conect copy of the fiirther email chain between Mr. Wame and Ms. Dudensing, on which I was
25 copied, is attached hereto as Exhibit F.
26 9. Dr. Longoria provided written responses on July 6, 2018. A tme and conect copy
27 of Dr. Longoria's verified responses to Somers's Request for Pfoduction of Documents (Set One)
28 is attached hereto as Exhibit G.
1533743.1 2
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP
1 10. On that same date, despite the clear instmctions and references to statutory
2 authority provided by Somers's counsel. Dr. Longoria produced eight banker's boxes of
3 documents in hard copy, and served his verification of the discovery responses. A tme and conect
4 copy of Dr. Longoria's verification ofhis discovery responses is attached hereto as Exhibit H.
5 11. The deadline for Somers to file a motion to compel was initially August 27, 2018,
6 but the parties agreed in writing on August 23 to exterid that deadline to two weeks after the
7 Court mled on Dr. Longoria's then-pending motion to disqualify Somers's counsel. Specifically,
8 on August 21, 2018, my associate Avalon Fitzgerald sent an email to Ms. Dudensing and copied
9 Ms. Dudensing's legal assistant, Patty Paniagua. That email stated:
10 1 am writing to,confirm, the.extension pf time that you and Mr.
Wame agreed to^fbf Mr. SbmCTs's deadline tb respond, to Dr.
11 Longoria's y/ritten discpyery requests; served bri July 27!
Additionally^ and for the same reasons, I propose that the parties
12 stipulate to extendfMr. Spiners to
PH compel regdMing Dr. Longoria 's July 6 responses to written
hq 13 discovery. I suggest that Mr. Sbmers's responses to the discovery
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Z 14 Court's mling on Dr. Longoria's motion for disqualification.
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Z A tme and conect copy of that email is attached hereto as Exhibit I.
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O 17 12. Ms. Dudensing's legal assistant responded two days later, on August 23, 2018,
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18 stating: "Ms. Dudensing agrees to your request. It has been calendared on our end." A tme and
19 conect copy of Ms. Paniagua's August 23 email is attached hereto as Exhibit J.
20 13. On September 11, 2018, my office sent Ms. Dudensing a lengthy meet-and-confer
21 letter, detailing the deficiencies in Dr. Longoria's responses to Somers's discovery requests. This
22 letter details all of the deficiencies identified by the present mption to compel. Somers requested
23 that Dr. Longoria provide supplemental responses by September 14, 2018. This letter was sent by
24 email and by U.S. mail. A tme and conect copy of the emailfransmittingthis letter to Ms.
25 Dudensing, together with a tme and conect copy of the letter, is attached hereto as Exhibit K.
26 14. Dr. Longoria did not provide supplemental responses. Instead, on September 18,
27 Ms. Dudensing and I spoke over the phone regarding Dr. Longoria's discovery responses and
28 Somers's deadline for filing a motion to compel. During that call, Ms. Dudensing denied ever
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP
1 granting an extension on Somers's motion to compel deadline. This telephone call was very
2 contentious due to various unprofessional conduct by Ms. Dudensing; I attempted to remind her
3 of the email exchange that had occuned, and she interjected, accusing my office of attempting to
4 "sneak" this issue past her assistant. I attempted to explain numerous times that this was untme,
5 but Ms. Dudensing never let me finish my explanation. Accordingly, I sent a lengthy follow-up
6 email to Ms. Dudensing, summarizing the details of that call, and explaining Somers's position
7 regarding the extension that Ms. Dudensing had agreed to in writing. This was my first real
8 opportunity to explain this in full because Ms. Dudensing did not let me complete my sentences
9 during the telephone call. I specifically invited Ms. Dudensing to continue the meet-and-confer
10 process, but asked that she do so in writing so as to avoid fiirther unprofessional conduct by Ms.
11 Dudensing. She never responded to that email, a tme and conect copy of which is attached
12 hereto as Exhibit L.
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hq 13 15. On September 28, 2018, the Court issued its mling on Dr. Longoria's motion for
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Z 14 disqualification and thus—as the parties had agreed on August 23, 2018—the deadline for
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PQ 15 Somers to file a motion to compel became October 12, 2018.
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Z 16 16. On October 5, 2018, my associate Avalon Fitzgerald sent an email to
o 17 Ms. Dudensing to again attempt to meet and confer and to confirm that the deadline for filing a
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18 motion to conipel is October 12, 2018. - Ori October 10, 2018, my partner William R. Wame
19 followed up with Ms. Dudensing by email, regarding the lack of any substantive response to our
20 various meet-and-confer efforts. Ms. Dudensing replied that she needed to discuss with her
21 client, and again denied there was an extension for the motion to compel deadline, and claimed
22 that we had never provided any substantive meet-and-confer. Mr. Wame again attached Exhibits
23 E and F for Ms. Dudensing, showing the agreement to extend Somers's motion to compel
24 deadline and the 12-page meet-and-confer letter detailing the deficiencies in her client's
25 responses, which we previously sent to her via email and U.S. mail on September 11, 2018. A
26 tme and conect copy of Mr. Wame's email (without attachments), which I was copied on, is
27 attached hereto as Exhibit M. Dr. Longoria's counsel has not responded.
28 17. On October 9,2018, Somers filed his First Amended Complaint in this action, a
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP
1 tme and conect copy of which is attached hereto as Exhibit N.
2 18. In the days leading up to the filing to these motions, Avalon J. Fitzgerald, an
3 associate in my office, spent approximately 12 hours drafting and preparing all three of Somers's
4 Motions to Compel and all the supporting documents. Ms. Fitzgerald's hourly rate is $335. I
5 also spent approximately two arid a half hours reviewing and revising Sbmers's motions to
6 compel. My cunently hourly rate is $390. This means Soiriefs has incuned approximately
7 $4,995.00 in attomeys' fees in connection with these Motions, not including the fees he incuned
8 in attempting to meet and confer with Ms. Dudensing, or the fees he will incur in connection with
9 work my office does preparing a reply, and attending oral argument. The filing fee for all of
10 these Motions and supporting documents is $180 ($60 filing fee for each Motion). In total,
11 Somers has incuned a gross total of $5,175.00 in fees in connection with these Motions.
12 I declare under penalty of perjury under the laws of Califomia that the foregoing is tme
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hq 13 and conect. Executed this 12th day of October, 2018, at Sacramento, Califomia.
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Z ANNIE S. AMARAL
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1533743.1
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP
EXH I BIT A
DECLARATION OE ANNIE S. AMARAL IN.SUPPORT OF PLAINTIFF'S MOTION TO COMPEL
DEFENDANT DR. J A M I E S LONGORIA'S FURTHER DISCOVERY RESPONSES TO REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS
EXHIBITA
EXHIBIT INTENTIONALLY L E F T BLANK
EXHIBITB
DECLARATION OF ANNIE S. AMARAL EN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL
DEFENDANT DR. JAMES LONGORIA'S FURTHER DiSCOVERY RESPONSES TO REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS
EXHIBIT B
1 DOWNEY BRAND LLP
WILLLAM R. WARNE (BarNo. 141280)
2 ANNIE S. AMARAL (Bar No. 238189)
AVALON J. FITZGERALD (Bar No. 288167)
3 621 Capitol Mall, 18tii Floor
Sacramento, CA 95814-4731
4 Telephone: 916.444.1000
Facsimile: 916.444.2100
5 bwame@downeybrand.com
aamaral@downeybrand.com
6 afitzgerald@downeybrand.com
7 Attomeys for Plaintiff
CHARLES SOMERS, individually and asfrusteefor tiie
8 CHARLES SOMERS LIVING TRUST
9 SUPERIOR COURT OF CALIFORNL\
10 COUNTY OF SACRAMENTO
11
12 CHARLES SOMERS, individually and as CASE NO. 34-2018-00229212
PH tinstee for the CHARLES SOMERS
13 LIVING TRUST, CHARLES SOMERS'S REQUEST FOR
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PRODUCTION OF DOCUMENTS TO
14 Plaintiff, DR. JAMES LONGORIA, SET ONE
PQ 15
16 DR. JAMES LONGORIA, an individual,
andDOES 1-10, Complaint Filed: March 16, 2018
17 Trial Date: TBD
o Defendant.
Q 18
19
20 PROPOUNDING PARTY : Charles Somers
21 RESPONDING PARTY Dr. James Longoria
22 SET ONE
23 Pursuant to Code of Civil Procedure Section 2031.010, et seq., Plaintiff Charles Somers
24 ("Plaintiff') requests that Defendant Dr. James Longoria produce the documents specified below.
25 The production of such documents for inspection and copying shall take place at DOWNEY
26 BRAND, LLP, 621 Capitol Mall, 18th Floor, Sacramento, Califomia, 95814.
27 ///
28 ///
1516037.3 1
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 DEFPJITIQNS
2 As used herein, the following terms have the meanings and significance set forth below.
3 1. "COMMUNICATE" or "COMMUNICATION" shall mean any letters,
4 conespondence, e-mails, facsimilefransmissions,telegrams, messages, text messages, instant
5 messages, voicemail messages, DOCUMENTS memorializing verbal communications and/or
6 discussions, and any other written or recorded communication, regardless of format.
7 2. "COMPANY" shall mean the S-Corporation originally called Infrepid Medical,
8 and subsequentiy called LC Therapeutics, Inc.
9 3. "DOCUMENT" or "DOCUMENTS" shall mean, witiiout limitation, any written,
10 typed, printed, recorded, or graphic matter, however preserved, produced, or reproduced, of any
11 type or description, regardless of origin or location, including, without limitation, written
12 COMMUNICATIONS, any binder, cover note, certificate, letter, conespondence, record, table,
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hJ 13 chart, analysis, graph, schedule, report, test, study memorandum, note, list, diary, log, calendar,
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14 telex, message, including, but not limited to, interoffice and infra-office COMMUNICATION,
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PQ questionnaire, bill, purchase order, shipping order, confract, memorandum of confract, agreement,
16 assignment, license, certificate, permit, ledger, ledger entry, book of account, order, invoice,
O 17 receipt, statement,financialdata, acknowledgment, computer or data processing card, computer
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18 or data processing disk, computer-generated matter, photograph, photographic negative,
19 phonograph recording,franscriptor log of any such recording, projection, videotape, film,
20 microfiche and all other data compilations from which information can be obtained or franslated,
21 reports and/or summaries of investigations, drafts and revisions of drafts of any DOCUMENTS,
22 and original preliminary notes or sketches, no matter how produced or maintained, in your actual
23 or constmctive possession, custody or confrol, or which YOU have knowledge of the existence,
24 whether prepared, published, or released by YOU or by any other PERSON.
25 4. 'TDA" shall mean the United States Food and Dmg Adminisfration.
26 5. "PERSON" shall mean all individuals, corporations, partnerships, nonprofit
27 organizations, agencies, associations, firms, trasts, consultants, attomeys at law, divisions,
28 governmental bodies, municipal bodies, or other business or legal entities.
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 6. "RELATE TO," "RELATED TO," or "RELATING TO" shall mean: constittiting,
2 pertaining to, referring to, alluding to, responding to, elaborating upon, conceming,
3 memorializing, supporting, refuting, evidencing, connected with, commenting on, regarding,
4 discussing, showing, describing, reflecting, analyzing, recording, including, mentioning, in
5 respect of, or about.
6 7. "YOU" and "YOUR" refers to Dr. James Longoria and any agents,
7 representatives, attomeys, predecessors, successors, as well as any business entity in which he is
8 or was involved as an owner, investor, dfrector, bfficer, founder, creator, or in any other decision-
9 making capacity, and/or any other assigns acting on his behalf
10 INSTRUCTIONS
11 1. YOU are requested to produce not only those DOCUMENTS in YOUR
12 possession, custody or confrol, but also those DOCUMENTS reasonably available to YOU,
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13 including those in the possession, custody or confrol of YOUR attomeys, agents, or other persons
14 acting or purporting to act on YOUR behalf
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PQ 15 2. YOU are to produce the original and all copies of the requested DOCUMENTS as
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pq 16 well as thefilesin which they are kept, including all copies which bear any additional file stamps,
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O 17 marginal notes, or other additional writings or markings which do not appear on the original.
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18 3. Consistent with YOUR obligation at the commencement of litigation, YOU are
19 obligated to take all necessary steps to prevent alteration, modification, deletion, of all responsive
20 Elecfronically Stored Information ("ESI") in YOUR possession, custody, or confrol, including but
21 not limited totiienative file and all metadata RELATED TO the ESI. YOU are required to make
22 a diligent search of all devices and media capable of containing ESI within YOUR possession,
23 custody, or confrol, including but not limited to computers, servers, networks, cloud-based
24 storage, back-up media, thumb drives, smartphones, PDAs, mobile devices, tablet computers,
25 storage media, hard drives, and every medium in which ESI may be located to determine if any
26 ESI responsive to the individual requests is present. If any ESI is responsive and non-privileged,
27 it is required to be produced in native format together with all metadata, attachments, and other
28 related ESI unmodified, and intact. Any other non-privileged responsive DOCUMENTS
1516037.3 3
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 maintained in elecfronic form must also be produced. ESI shall be produced as follows:
2 (a) Load Files. Except for ESI described below, ESI must be produced in
3 elecfronic native format, withfilessuitable for loading into a Concordance or EclipseSE litigation
4 support database. The loadfileswill define document breaks, attachments, and other infonnation
5 identified below.
6 (i) Document Cross-Reference File. YOU should provide a cross-
7 referencefilethat identifies the start and end of the document, its attachments and its
8 conesponding metadata.
9 (ii) Cross-Reference or Linking File. YOU should also provide a cross-
10 referencefilethat facilitates the linking of the produced image or nativefilewith the litigation
11 database. This cross-reference file will containfieldssuch as the unique document ID (i.e.,
12 BegDoc) and thefilepath of the conesponding image or native file. YOU may provide this
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hq 13 information either in a Concordance or EclipseSE litigation database format or as a standard
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14 delimited ASCII textfileor CSV file.
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PQ 15 (b) Categories of Production of ESL ESI will be produced as follows,
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a 16 depending on its classification.
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o 17 (i) Production of ESI as TIFF Imaues Witii Metadata and Exti-acted
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18 Text. Documents created in standard office automationfileformats (including but not limited to
19 Microsoft Word or WordPerfect documents) and ESI that can practicably be converted into TIFF
20 format will be produced as single-page TIFF Group IV images, 300 dpi or greater, with any
21 availablefieldedmetadata and text searchable infonnation exfractedfromthe native documents.
22 Excel documents are to be produced as nativefileswith each document named by the Bates
23 number. If an Excel document is redacted, then it can be produced as a TIFF with the exfracted
24 text and metadata of the redacted version.
25 (1) Bates Numbering. The producing party will brand all TIFF
26 images in the lowerright-handcomer with its conesponding Bates number, using a consistent
27 font type and size. The Bates number must not obscure any part of the underlying image.
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CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 (2) File Names. Imagefilenames will be identical to the
2 conesponding Bates numbered images, with a ".tiffileextension.
3 (3) Confidentiality Endorsements. The producing party will
4 brand any confidentiality or similar endorsements, consistent with any stipulated protective order
5 the parties execute, in the TIFF image. Those endorsements must be in a consistent font type and
6 size, and must not obscure any part of the underlying image or Bates number.
7 (4) Production of Extracted Full Text. The producing party will
8 provide exfracted full text (i.e., text exfractedfromESI) for all material originating as ESI in a
9 textfileconesponding to a single page of a document. The full textfilename will be composed
10 ofthe Bates number of the associated document, with a ".txt"fileextension. When a party is
11 unable to produce exfractedfiilltext, it will provide an explanation of that inability with its
12 document production.
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13 (5) Production of Metadata. The producing party will provide
14 the following metadata, as applicable, for all ESI: start Bates, end Bates, start attachment, end
OQ 15 attachment, custodian or source, originalfilepath, originalfilename,filetype/file extension,
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Z 16 MD-5 hash value,title,creation date, creation time, page count, last modification date, last
O 17 modification time, and last saved by name.
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18 (6) Metadata for E-Mail. In addition to the metadata to be
19 produced for all ESI, for all e-mail, the producing party will also produce the following as fielded
20 metadata: subject, author, recipients, from, to, copyees, blind copyees, date sent,timesent, date
21 received,timereceived, MD-5 hash value, attachmentfilename, begin attachment, and end
22 attachment. Family relationships among e-mail and attachments will be maintained by ensuring
23 that attachments immediately follow their parent e-mail in the Bates numbering, and setting the
24 "begin attachment" and "end attachment" metadatafieldsappropriately.
25 (7) Explanation of Inability to Produce Metadata. When a party
26 is unable to produce metadata for a particularfield,it will provide an explanation of that inability
27 with its document production.
28 ///
1516037.3 5
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 (8) Redaction. If afiletiiatoriginates in ESI needs to be
2 redacted before production,tiiefilewill be rendered in TIFF, andtiieTIFF will be redacted and
3 produced. However, to the extent that the text is searchable in the native format, the producing
4 party will still provide searchable text for those portions of the document that have not been
5 redacted.
6 (ii) Production of Native Format Documents That Are Impractical to
7 ConverttoTIFF. ESI that is not practical to convert to TIFF may be produced using one of tiie
8 two following methods, which method will be subject to meet and confer between the parties.
9 (1) Spreadsheets That Are Impractical to Convert to TIFF. ESI
10 that is not practical to convert to TIFF (for example, spreadsheets) may be produced in elecfronic
11 format suitable for loading to a litigation support database with links to the native files.
12 a. Identification. ESI produced in nativefileformat
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hq 13 will be assigned a unique Begdoc number within the litigation database.
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14 b. File Names. File names will be identical to the
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PQ 15 Begdoc number, followed by the originalfilename andfileextension.
16 c. Authentication. The producing party will provide a
O 17 litigation database loadfilewith separatelyfieldeddata, which will contain, as one of the fields,
18 the MD-5 hash value of eachfileproduced in native format.
19 (2) ESI That Is Impractical to Produce Witii Links to a
20 Database. For any ESI where Unking a native document will render the document unusable, the
21 ESI should be produced in native form, accompanied with a Bates number and MD-5 hash value,
22 but separatefroma litigation support database.
23 (3) Encrypted or Password-Protected ESL For any ESI that
24 exists in encrypted format or is password-protected,tiieproducing party will provide the
25 propounding party a means to gain access to those nativefiles(for example, by supplying
26 passwords).
27 (iii) Reports in Lieu of Native Production. If a party believes that it
28 would be impractical to produce ESI in native format because of complexities associated with
1516037.3 6
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORL^ SET ONE
1 certain scheduling programs (such as Primavera), accoimting systems, mapping systems, and/or
2 other databases (such as MS Access, Oracle, and Microsoft SQL Server), it will so notify the
3 propounding party and will inform the propounding party whether it has generated reports in the
4 normal course of business using those programs or systems. In any such instance, the parties will
5 meet and confer conceming the manner of production of those reports.
6 (iv) Production of Pictures/Images. Any photographic images created
7 and/or maintained in JPEG elecfronic format will be produced in that format.
8 (c) Production Media. The producing party will use the appropriate elecfronic
9 media (CD, DVD, or hard drive) for its ESI production, and will cooperate in good faith to use
10 the highest capacity available media to minimize associated overhead. The producing party will
11 label the physical media with the producing party, production date, media volume name, and
12 document number range.
hq 13 (d) Avoidance of Duplicate Production. The producing party will take all
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14 reasonable steps to reduce duplication of ESI. De-duplication will be performed within a
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0Q 15 custodian. The producing party will maintain references to all removed duplicate files.
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16 4. If YOU claim that the attomey-client privilege, the attomey work-product
o 17 doctrine, or any other privilege is applicable to any DOCUMENTS, production of which are
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18 sought by this request, the substance of those DOCUMENTS need not be disclosed in YOUR
19 answers, but YOU shall, witii respect totiioseDOCUMENTS:
20 (a) Statetiiedate ofthe DOCUMENTS;
21 (b) Identify each and every autiior oftiieDOCUMENTS;
22 (c) Identify each and every other person who prepared or participated in the
23 preparation oftiieDOCUMENTS;
24 (d) Identify each and every person who received the DOCUMENTS;
25 (e) Identify each and every personfromwhom the DOCUMENTS were
26 received;
27 (f) Statetiiepresent location oftiieDOCUMENTS and all copies thereof;
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1516037.3 7
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 (g) Identify each and every person having custody or confrol of the
2 DOCUMENTS and all copiestiiereof;and
3 (h) Provide sufficient fiirther information conceming the DOCUMENTS and
4 tiie circumstances thereof to explain the claim of privilege and to permit the adjudication of the
5 propriety of that claim.
6 5. hi fhe event YOU are able to produce only some oftiieDOCUMENTS called for
7 in a particular request, please produce all the DOCUMENTS YOU are able to and state the
8 reasons for YOUR inability to produce the remainder.
9 6. If YOU object to a portion ofa request, please produce all DOCUMENTS called
10 for by that portion of the request to which YOU do not object.
11 7. When YOU producetiieDOCUMENTS requested herein for inspection and
12 photocopying, YOU are to identify the DOCUMENTS produced by reference to the number of
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hq 13 the Request.
14 8. Complete production is to be made by the date specified above. The inspection
PQ 15 and copying will begin at that time and place and will continuefromday to day thereafter until
16 completed.
O 17 REOUESTS FOR PRODUCTION OF DOCUMENTS
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18 REOUEST FOR PRODUCTION NO. 1;
19 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing proposed budgets
20 fortiieCOMPANY.
21 REOUEST FOR PRODUCTION NO. 2;
22 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing Charles Somers's
23 investments in the COMPANY.
24 REOUEST FOR PRODUCTION NO. 3;
25 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing money loaned by
26 Charles Somers to the COMPANY.
27 ///
28 ///
1516037.3 8
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 REQUEST FOR PRODUCTION NO. 4;
2 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing money provided to
3 the COMPANY by any entity owned or confrolled by Charles Somers.
4 REOUEST FOR PRODUCTION NO. 5:
5 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing money loaned to the
6 COMPANY by anyone other than Charles Somers.
7 REOUEST FOR PRODUCTION NO. 6;
8 Produce all DOCUMENTS RELATED TO, reflecting, or evidencmg tiie COMPANY'S
9 business plans.
10 REOUEST FOR PRODUCTION NO. 7:
11 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any PERSON'S
12 purchase of stock in the COMPANY.
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hq 13 REOUEST FOR PRODUCTION NO. 8;
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Q 14 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing Roy Chin's
Pi 15
PQ resignationfromthe COMPANY.
Ui 16 REOUEST FOR PRODUCTION NO. 9;
Z
o 17 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing Charles Somers's
Q 18 Status as a member of the COMPANY'S board of dfrectors.
19 REOUEST FOR PRODUCTION NO. 10;
20 Produce all DOCUMENTS RELATED TO, reflecting, or evidencmg Charles Somers's
21 status as an officer ofthe COMPANY.
22 REOUEST FOR PRODUCTION NO. 11;
23 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any representations
24 by YOU that Charles Somers was your partner in the COMPANY.
25 REOUEST FOR PRODUCTION NO. 12;
26 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any representations
27 by YOU tiiat Charles Somers confrolled the COMPANY, in whole or in part.
28 ///
15I6037J 0
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 REOUEST FOR PRODUCTION NO. 13;
2 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR agreement to
3 repay Charles Somers for money he loaned to the COMPANY.
4 REOUEST FOR PRODUCTION NO. 14;
5 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR agreement to
6 repay Charles Somers for money he invested in the COMPANY.
7 REOUEST FOR PRODUCTION NO. 15;
8 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing stock purchase
9 agreements fortiieCOMPANY's stock.
10 REOUEST FOR PRODUCTION NO. 16;
11 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR stattis as a
12 member of the COMPANY'S board of directors.
PH
hq
13 REOUEST FOR PRODUCTION NO. 17;
Q
Z 14 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR stattis as a
<
ui
PQ 15 shareholder oftiieCOMPANY.
>^
16 REOUEST FOR PRODUCTION NO. 18;
O 17 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR stams as an
Q
18 officer of the COMPANY.
19 REOUEST FOR PRODUCTION NO. 19:
20 Produce all oftiieCOMPANY'S corporate minutes.
21 REOUEST FOR PRODUCTION NO. 20;
22 Produce all oftiieCOMPANY'S books and records.
23 REOUEST FOR PRODUCTION NO. 21;
24 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to
25 find a potential location in Sacramento wherein the COMPANY could manufacture medical
26 devices.
27 ///
28 ///
1516037,3 10
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 REOUEST FOR PRODUCTION NO. 22:
2 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any efforts
3 associated with the COMPANY'S interest in leasing a facility in Sacramento wherein it could
4 manufacture medical devices.
5 REOUEST FOR PRODUCTION NO. 23;
6 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any efforts to add
7 members to the COMPANY'S board of directors.
8 REOUEST FOR PRODUCTION NO. 24;
9 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing efforts to license
10 patents owned bytiieCOMPANY.
11 REQUEST FOR PRODUCTION NO. 25:
12 Produce all DOCUMENTS RELATED TO, reflectmg, or evidencing efforts to sell patents
PH
hq
hq 13 owned bytiieCOMPANY
Q
14 REOUEST FOR PRODUCTION NO. 26;
PQ 15 Produce all DOCUMENTS RELATED TO, reflectmg, or evidencing the appointinent of
Ui
Z 16 board members fortiieCOMPANY.
O 17 REOUEST FOR PRODUCTION NO. 27:
Q
18 Produce all DOCUMENTS RELATED TO, reflecting, or evidencingtiieannual
19 shareholder meeting held in 2017.
20 REOUEST FOR PRODUCTION NO. 28;
21 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any otiier annual
22 shareholder meetings ever held by the COMPANY.
23 REOUEST FOR PRODUCTION NO. 29;
24 Produce all DOCUMENTS RELATED TO, reflecting, or evidencingtiieresolution YOU
25 supposedly passed on or about December 15, 2014, making YOU the President, CEO, CFO, and
26 Secretary of the COMPANY.
27 ///
28 ///
1516037.3 11
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 REQUEST FOR PRODUCTION NO. 30:
2 Produce all COMMUNICATIONS between YOU and any member of tiie COMPANY'S
3 board of directors.
4 REOUEST FOR PRODUCTION NO. 31:
5 Produce all DOCUMENTS filed on behalf of tiie COMPANY witii tiie Califomia
6 Secretary of State.
7 REOUEST FOR PRODUCTION NO. 32:
8 Produce all tax rettuns filed on behalf of the COMPANY.
9 REOUEST FOR PRODUCTION NO. 33;
10 Produce all DOCUMENTS RELATED TO, reflecting, or evidencingtiiepatents, whetiier
11 apparatus patents or method patents, owned by the COMPANY.
12 REOUEST FOR PRODUCTION NO. 34;
PH
hq
hq 13 Produce all COMMUNICATIONS between YOU and Roy Chin RELATED TO seeking
14 any investor(s) fortiieCOMPANY.
<
PQ 15 REOUEST FOR PRODUCTION NO. 35:
Ui
16 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to
Z
o 17 seek any investor(s) for the COMPANY.
Q
18 REOUEST FOR PRODUCTION NO. 36;
19 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to
20 convince Charles Somers to invest in the COMPANY.
21 REQUEST FOR PRODUCTION NO. 37;
22 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to
23 convince Charles Somers to make loans to the COMPANY.
24 REQUEST FOR PRODUCTION NO. 38;
25 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to
26 obtain approval from the FDA to bring the COMPANY'S patented devices to market.
27 ///
28 ///
1516037.3 12
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 REQUEST FOR PRODUCTION NO. 39:
2 Produce all COMMUNICATIONS between YOU and Roy Chin RELATED TO obtaining
3 approvalfromthe FDA to bring the COMPANY'S patented devices to market.
4 REQUEST FOR PRODUCTION NO. 40:
5 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to
6 produce the COMPANY'S patented devices in Malaysia.
7 REQUEST FOR PRODUCTION NO. 41;
8 Produce all COMMUNICATIONS between YOU and Roy Chin RELATED TO
9 producing the COMPANY'S patented devices in Malaysia.
10 REQUEST FOR PRODUCTION NO. 42;
11 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any contribution,
12 monetary or otherwise, that YOU have made to the COMPANY since its inception.
PH
hq
hq 13 REOUEST FOR PRODUCTION NO. 43;
14 Produce all COMMUNICATIONS between YOU and Charles Somers regarding tiie
<
oi
PQ 15 COMPANY.
I
pq
16 REQUEST FOR PRODUCTION NO. 44:
O
Q 17 Produce all COMMUNICATIONS between YOU and Ken Silva regarding tiie
18 COMPANY.
19 REOUEST FOR PRODUCTION NO. 45;
20 Produce all COMMUNICATIONS between YOU and Ron Alvarado regarding tiie
21 COMPANY.
22 REOUEST FOR PRODUCTION NO. 46;
23 Produce all COMMUNICATIONS between YOU and Sonya Ahem regarding the
24 COMPANY.
25 REOUEST FOR PRODUCTION NO. 47:
26 Produce all COMMUNICATIONS between YOU and Craig Rosenberg regarding tiie
27 COMPANY.
///
28
15160J7.3 13
CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 REOUEST FOR PRODUCTION NO. 48;
2 Produce all COMMUNICATIONS between YOU and Clafre Cordell regarding tiie
3 COMPANY.
4 REQUEST FOR PRODUCTION NO. 49:
5 Produce all COMMUNICATIONS between YOU and Roger Valine.
6 REQUEST FOR PRODUCTION NO. 50;
7 Produce all COMMUNICATIONS between YOU and any otiier PERSON regarding tiie
8 development of medical devices similar in any manner to the patents, whether apparatus or
9 method patents, owned by the COMPANY.
10 REQUEST FOR PRODUCTION NO. 51:
11 Produce all COMMUNICATIONS between YOU and any other PERSON regarding any
12 business enterprise involving the development or use of medical devices similar in any manner to
PH
13 the patents, whether apparatus or metiiod patents, owned bytiieCOMPANY.
hJ
14 REQUEST FOR PRODUCTION NO. 52;
PQ 15 Produce all DOCUMENTS identified in YOUR responses to Charles Somers's Special
16 Intenogatories to Dr. James Longoria, Set One.
O 17 DATED: May 2, 2018 DOWNEY BRAND LLP
Q
18
19
20 /ILLIAM R. WARNE
ANNIE S. AMARAL
21 AVALON J. FITZGERALD
Attomeys for Plaintiff CHARLES SOMERS,
22 individuaUy and as trastee for the CHARLES
23 SOMERS LIVING TRUST
24
25
26
27
28
14
CHAJILES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE
1 PROOF OF SERVICE
2 I am a resident of the State of California, over the age of eighteen years, and not a party to
the within action. My business address is Downey Brand LLP, 621 Capitol Mall, 18th Floor,
3 Sacramento, Califomia, 95814-4731. On May 2, 2018,1 served the within document(s):
4 CHARLES SOMERS'S REQUEST FOR PRODUCTION QF
DOCUMENTS TO DR. JAMES LONGOlUA, SET ONE
5
6 BY FAX; byfransmittingvia facsunile the document(s) Usted above to the fax
• number(s) set forth below on this date before 5:00 p.m.
7
BY E-MAIL: byfransmittingvia my elecfronic service address
8 • (tchacon@downeybrand.com) the document(s) listed above to the person(s) at the
e-mail address(es) set forth below.
9
BY MAIL; by placing tiie document(s) listed above in a sealed envelope with
10 • postage thereon fiilly prepaid, in the United States mail at Sacramento, California
addressed as set fortii below.
11
BY OVERNIGHT MAIL; by causing document(s) to be picked up by an
12 • ovemight delivery service company for delivery to the addressee(s) on the next
PH business day.
1-3 13
BY PERSONAL DELIVERY: by causing personal dehvery by On Demand
14 Legal of the document(s) listed above to the person(s) at the address(es) set forth
s
PQ
15
below.
Attorneys for Defendant. DR. JAMES LONGORIA
Ui
16 Jan Dudensing
17 Dudensing Kim
o 925 G Sfreet
G 18 Sacramento, CA 95814
Ph: (916)448-3122
19 Fx: (916)448-1004
20
I am readily familiar with the firm's practice of collection and processing conespondence
21 for mailing. Under that practice it would be deposited with the U.S. Postal Service ontiiatsame
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
22 motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
23
I declare under penalty of perjury under the laws of the State of Cahfomia that the above
24 is true and correct.
25 Executed on May 2, 2018, at Sacramento, Califomia.
26
27
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1 DOWNEY BRAND LLP WILLIAM R. WARNE (Bar No. 141280) ENDORSED 2 ANNIE S. AMARAL (Bar No. 238189) 621 Capitol Mall, I Stii Floor 3 Sacramento, CA 95814-4731 Telephone: 916.444:1000 4 Facsimile: 916,444.2100 bwame@downeybrand.com 5 aamaral@downeybrand.com 6 Attomeys for Plaintiff CHARLES SOMERS, individually and as ti^stee for the 7 CHARLES SOMERS LIVING TRUST 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 CHARLES SOMERS, individually and as CASE NO. 34-2018-00229212 tmstee for the CHARLES SOMERS 12 LIVING TRUST, DECLARATION OF ANNIE S. AMARAL PH IN SUPPORT OF PLAINTIFF'S MOTION hq 13 Plaintiff, TO eO^iPEL DEFENDANT DR. JAMES hq Q LONGORIA?^ FURTHER DISCOVERY Z 14 RESPONSES t o REQUEST FOR < PRODUCTION OF DOCUMENTS, SET oi 15 DQ DR. JAMES LONGORIA, an uidividual, ONE, AND REQUEST FOR MONETARY andDOES 1-10, SANCTIONS pq 16 Z Defendant. o 17 Date: November 14, 2018 Q Time: 9:00 a.m. 18 Dept.: 54 19 Complaint Filed: March 16,2018 Trial Date: TBD 20 21 I, Annie S. Amaral, declare: 22 1. I am an attomey at law licensed to practice before the Courts of the State of 23 Califomia and before this Court. I am a partner with ttie law firm of Dbwney Brand LLP, 24 attomeys of record for Plaintiff Charles Somers, individually and as tmstee for the Charles 25 Somers Living Tmst ("Somers"). 26 2. On March 16, 2018, Somers filed this action against Defendant Dr. James 27 Longoria. 28 1533743.1 1 AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP 1 3. Somers served his Request for Production of Documents (Set One) on May 2, 2 2018, by personal service. These requests specifically instmcted Dr. Longoria to produce 3 responsive documents in native file format, and include detailed instmctions for the production of 4 elecfronically stored information ("ESI"). A tme and conect copy of Somers's Request for 5 Production of Documents (Set One) is attached hefeto as Exhibit B. 6 4. Dr. Longoria filed a motion to quash on Mky 7, 2018, which stayed his deadline to 7 serve responses to these requests. 8 5. On June 6, 2018, the Court denied the motion to quash and ordered Dr. Longoria 9 to provide discovery responses by July 6, 2018. 10 6. On June 19, 2018, Dr. Longbria's counsel, Jan Dudensing, emailed my partner 11 William R. Wame, and copied me. Ms. Dudensing's email stated: 12 I am curious as to why you think you are entitled t9 elecfronic PH discovery responses? I haveriotfound any aiithority to suggest you hq 13 are. Please provide me with some. Because of that, we will be hq Q serving you \yith essentially banker boxes, of duplicative documents Z 14 that you already haive. So be it. But, we are nbt doing a minute < oi more theri we have to undeir the code. PQ 15 pq 16 Z A tme and conect copy of Ms. Dudensing's June 19, 2018, email is attached hereto as Exhibit D. ^ O 17 7. Mr. Wame responded the next day, endeavoring to meet and confer regarding the Q 18 Code of Civil Procedure's allowances for e-discovery. A tfucand conect copy of Mr. Wame's 19 June 20, 2018, email to Ms. Dudensing, which copied me, is attached hereto as Exhibit E. 20 8. On June 20, 2018, Mr. Wame and Ms. Dudensing exchangedfiirtheremails 21 regarding the requirement that emails and elecfronically stored information be produced in 22 elecfronic format, but Ms. Dudensing did not ever acknowledge the validity of the legal 23 authorities provided by Mr. Wame, and no resolution on this issue was reached. A tme and 24 conect copy of the fiirther email chain between Mr. Wame and Ms. Dudensing, on which I was 25 copied, is attached hereto as Exhibit F. 26 9. Dr. Longoria provided written responses on July 6, 2018. A tme and conect copy 27 of Dr. Longoria's verified responses to Somers's Request for Pfoduction of Documents (Set One) 28 is attached hereto as Exhibit G. 1533743.1 2 AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP 1 10. On that same date, despite the clear instmctions and references to statutory 2 authority provided by Somers's counsel. Dr. Longoria produced eight banker's boxes of 3 documents in hard copy, and served his verification of the discovery responses. A tme and conect 4 copy of Dr. Longoria's verification ofhis discovery responses is attached hereto as Exhibit H. 5 11. The deadline for Somers to file a motion to compel was initially August 27, 2018, 6 but the parties agreed in writing on August 23 to exterid that deadline to two weeks after the 7 Court mled on Dr. Longoria's then-pending motion to disqualify Somers's counsel. Specifically, 8 on August 21, 2018, my associate Avalon Fitzgerald sent an email to Ms. Dudensing and copied 9 Ms. Dudensing's legal assistant, Patty Paniagua. That email stated: 10 1 am writing to,confirm, the.extension pf time that you and Mr. Wame agreed to^fbf Mr. SbmCTs's deadline tb respond, to Dr. 11 Longoria's y/ritten discpyery requests; served bri July 27! Additionally^ and for the same reasons, I propose that the parties 12 stipulate to extendfMr. Spiners to PH compel regdMing Dr. Longoria 's July 6 responses to written hq 13 discovery. I suggest that Mr. Sbmers's responses to the discovery hq Q requests and any motion to compel he due 2 weeks from the Z 14 Court's mling on Dr. Longoria's motion for disqualification. < oi Please; let me know if you agree. PQ 15 pq 16 Z A tme and conect copy of that email is attached hereto as Exhibit I. ^ O 17 12. Ms. Dudensing's legal assistant responded two days later, on August 23, 2018, Q 18 stating: "Ms. Dudensing agrees to your request. It has been calendared on our end." A tme and 19 conect copy of Ms. Paniagua's August 23 email is attached hereto as Exhibit J. 20 13. On September 11, 2018, my office sent Ms. Dudensing a lengthy meet-and-confer 21 letter, detailing the deficiencies in Dr. Longoria's responses to Somers's discovery requests. This 22 letter details all of the deficiencies identified by the present mption to compel. Somers requested 23 that Dr. Longoria provide supplemental responses by September 14, 2018. This letter was sent by 24 email and by U.S. mail. A tme and conect copy of the emailfransmittingthis letter to Ms. 25 Dudensing, together with a tme and conect copy of the letter, is attached hereto as Exhibit K. 26 14. Dr. Longoria did not provide supplemental responses. Instead, on September 18, 27 Ms. Dudensing and I spoke over the phone regarding Dr. Longoria's discovery responses and 28 Somers's deadline for filing a motion to compel. During that call, Ms. Dudensing denied ever AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP 1 granting an extension on Somers's motion to compel deadline. This telephone call was very 2 contentious due to various unprofessional conduct by Ms. Dudensing; I attempted to remind her 3 of the email exchange that had occuned, and she interjected, accusing my office of attempting to 4 "sneak" this issue past her assistant. I attempted to explain numerous times that this was untme, 5 but Ms. Dudensing never let me finish my explanation. Accordingly, I sent a lengthy follow-up 6 email to Ms. Dudensing, summarizing the details of that call, and explaining Somers's position 7 regarding the extension that Ms. Dudensing had agreed to in writing. This was my first real 8 opportunity to explain this in full because Ms. Dudensing did not let me complete my sentences 9 during the telephone call. I specifically invited Ms. Dudensing to continue the meet-and-confer 10 process, but asked that she do so in writing so as to avoid fiirther unprofessional conduct by Ms. 11 Dudensing. She never responded to that email, a tme and conect copy of which is attached 12 hereto as Exhibit L. PH hq hq 13 15. On September 28, 2018, the Court issued its mling on Dr. Longoria's motion for Q Z 14 disqualification and thus—as the parties had agreed on August 23, 2018—the deadline for < oi PQ 15 Somers to file a motion to compel became October 12, 2018. >^ pq Z 16 16. On October 5, 2018, my associate Avalon Fitzgerald sent an email to o 17 Ms. Dudensing to again attempt to meet and confer and to confirm that the deadline for filing a Q 18 motion to conipel is October 12, 2018. - Ori October 10, 2018, my partner William R. Wame 19 followed up with Ms. Dudensing by email, regarding the lack of any substantive response to our 20 various meet-and-confer efforts. Ms. Dudensing replied that she needed to discuss with her 21 client, and again denied there was an extension for the motion to compel deadline, and claimed 22 that we had never provided any substantive meet-and-confer. Mr. Wame again attached Exhibits 23 E and F for Ms. Dudensing, showing the agreement to extend Somers's motion to compel 24 deadline and the 12-page meet-and-confer letter detailing the deficiencies in her client's 25 responses, which we previously sent to her via email and U.S. mail on September 11, 2018. A 26 tme and conect copy of Mr. Wame's email (without attachments), which I was copied on, is 27 attached hereto as Exhibit M. Dr. Longoria's counsel has not responded. 28 17. On October 9,2018, Somers filed his First Amended Complaint in this action, a AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP 1 tme and conect copy of which is attached hereto as Exhibit N. 2 18. In the days leading up to the filing to these motions, Avalon J. Fitzgerald, an 3 associate in my office, spent approximately 12 hours drafting and preparing all three of Somers's 4 Motions to Compel and all the supporting documents. Ms. Fitzgerald's hourly rate is $335. I 5 also spent approximately two arid a half hours reviewing and revising Sbmers's motions to 6 compel. My cunently hourly rate is $390. This means Soiriefs has incuned approximately 7 $4,995.00 in attomeys' fees in connection with these Motions, not including the fees he incuned 8 in attempting to meet and confer with Ms. Dudensing, or the fees he will incur in connection with 9 work my office does preparing a reply, and attending oral argument. The filing fee for all of 10 these Motions and supporting documents is $180 ($60 filing fee for each Motion). In total, 11 Somers has incuned a gross total of $5,175.00 in fees in connection with these Motions. 12 I declare under penalty of perjury under the laws of Califomia that the foregoing is tme PH hq 13 and conect. Executed this 12th day of October, 2018, at Sacramento, Califomia. hq Q Z 14 < oi 15 CQ >^ By:_ pq 16 Z ANNIE S. AMARAL ^ O 17 Q 18 19 20 21 22 23 24 25 26 27 28 1533743.1 AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - RFP EXH I BIT A DECLARATION OE ANNIE S. AMARAL IN.SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT DR. J A M I E S LONGORIA'S FURTHER DISCOVERY RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS EXHIBITA EXHIBIT INTENTIONALLY L E F T BLANK EXHIBITB DECLARATION OF ANNIE S. AMARAL EN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT DR. JAMES LONGORIA'S FURTHER DiSCOVERY RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS EXHIBIT B 1 DOWNEY BRAND LLP WILLLAM R. WARNE (BarNo. 141280) 2 ANNIE S. AMARAL (Bar No. 238189) AVALON J. FITZGERALD (Bar No. 288167) 3 621 Capitol Mall, 18tii Floor Sacramento, CA 95814-4731 4 Telephone: 916.444.1000 Facsimile: 916.444.2100 5 bwame@downeybrand.com aamaral@downeybrand.com 6 afitzgerald@downeybrand.com 7 Attomeys for Plaintiff CHARLES SOMERS, individually and asfrusteefor tiie 8 CHARLES SOMERS LIVING TRUST 9 SUPERIOR COURT OF CALIFORNL\ 10 COUNTY OF SACRAMENTO 11 12 CHARLES SOMERS, individually and as CASE NO. 34-2018-00229212 PH tinstee for the CHARLES SOMERS 13 LIVING TRUST, CHARLES SOMERS'S REQUEST FOR hq PRODUCTION OF DOCUMENTS TO 14 Plaintiff, DR. JAMES LONGORIA, SET ONE PQ 15 16 DR. JAMES LONGORIA, an individual, andDOES 1-10, Complaint Filed: March 16, 2018 17 Trial Date: TBD o Defendant. Q 18 19 20 PROPOUNDING PARTY : Charles Somers 21 RESPONDING PARTY Dr. James Longoria 22 SET ONE 23 Pursuant to Code of Civil Procedure Section 2031.010, et seq., Plaintiff Charles Somers 24 ("Plaintiff') requests that Defendant Dr. James Longoria produce the documents specified below. 25 The production of such documents for inspection and copying shall take place at DOWNEY 26 BRAND, LLP, 621 Capitol Mall, 18th Floor, Sacramento, Califomia, 95814. 27 /// 28 /// 1516037.3 1 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 DEFPJITIQNS 2 As used herein, the following terms have the meanings and significance set forth below. 3 1. "COMMUNICATE" or "COMMUNICATION" shall mean any letters, 4 conespondence, e-mails, facsimilefransmissions,telegrams, messages, text messages, instant 5 messages, voicemail messages, DOCUMENTS memorializing verbal communications and/or 6 discussions, and any other written or recorded communication, regardless of format. 7 2. "COMPANY" shall mean the S-Corporation originally called Infrepid Medical, 8 and subsequentiy called LC Therapeutics, Inc. 9 3. "DOCUMENT" or "DOCUMENTS" shall mean, witiiout limitation, any written, 10 typed, printed, recorded, or graphic matter, however preserved, produced, or reproduced, of any 11 type or description, regardless of origin or location, including, without limitation, written 12 COMMUNICATIONS, any binder, cover note, certificate, letter, conespondence, record, table, PH hJ 13 chart, analysis, graph, schedule, report, test, study memorandum, note, list, diary, log, calendar, hq 14 telex, message, including, but not limited to, interoffice and infra-office COMMUNICATION, < oi 15 PQ questionnaire, bill, purchase order, shipping order, confract, memorandum of confract, agreement, 16 assignment, license, certificate, permit, ledger, ledger entry, book of account, order, invoice, O 17 receipt, statement,financialdata, acknowledgment, computer or data processing card, computer Q 18 or data processing disk, computer-generated matter, photograph, photographic negative, 19 phonograph recording,franscriptor log of any such recording, projection, videotape, film, 20 microfiche and all other data compilations from which information can be obtained or franslated, 21 reports and/or summaries of investigations, drafts and revisions of drafts of any DOCUMENTS, 22 and original preliminary notes or sketches, no matter how produced or maintained, in your actual 23 or constmctive possession, custody or confrol, or which YOU have knowledge of the existence, 24 whether prepared, published, or released by YOU or by any other PERSON. 25 4. 'TDA" shall mean the United States Food and Dmg Adminisfration. 26 5. "PERSON" shall mean all individuals, corporations, partnerships, nonprofit 27 organizations, agencies, associations, firms, trasts, consultants, attomeys at law, divisions, 28 governmental bodies, municipal bodies, or other business or legal entities. CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 6. "RELATE TO," "RELATED TO," or "RELATING TO" shall mean: constittiting, 2 pertaining to, referring to, alluding to, responding to, elaborating upon, conceming, 3 memorializing, supporting, refuting, evidencing, connected with, commenting on, regarding, 4 discussing, showing, describing, reflecting, analyzing, recording, including, mentioning, in 5 respect of, or about. 6 7. "YOU" and "YOUR" refers to Dr. James Longoria and any agents, 7 representatives, attomeys, predecessors, successors, as well as any business entity in which he is 8 or was involved as an owner, investor, dfrector, bfficer, founder, creator, or in any other decision- 9 making capacity, and/or any other assigns acting on his behalf 10 INSTRUCTIONS 11 1. YOU are requested to produce not only those DOCUMENTS in YOUR 12 possession, custody or confrol, but also those DOCUMENTS reasonably available to YOU, PH hq hq 13 including those in the possession, custody or confrol of YOUR attomeys, agents, or other persons 14 acting or purporting to act on YOUR behalf < oi PQ 15 2. YOU are to produce the original and all copies of the requested DOCUMENTS as > pq 16 well as thefilesin which they are kept, including all copies which bear any additional file stamps, Z O 17 marginal notes, or other additional writings or markings which do not appear on the original. Q 18 3. Consistent with YOUR obligation at the commencement of litigation, YOU are 19 obligated to take all necessary steps to prevent alteration, modification, deletion, of all responsive 20 Elecfronically Stored Information ("ESI") in YOUR possession, custody, or confrol, including but 21 not limited totiienative file and all metadata RELATED TO the ESI. YOU are required to make 22 a diligent search of all devices and media capable of containing ESI within YOUR possession, 23 custody, or confrol, including but not limited to computers, servers, networks, cloud-based 24 storage, back-up media, thumb drives, smartphones, PDAs, mobile devices, tablet computers, 25 storage media, hard drives, and every medium in which ESI may be located to determine if any 26 ESI responsive to the individual requests is present. If any ESI is responsive and non-privileged, 27 it is required to be produced in native format together with all metadata, attachments, and other 28 related ESI unmodified, and intact. Any other non-privileged responsive DOCUMENTS 1516037.3 3 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 maintained in elecfronic form must also be produced. ESI shall be produced as follows: 2 (a) Load Files. Except for ESI described below, ESI must be produced in 3 elecfronic native format, withfilessuitable for loading into a Concordance or EclipseSE litigation 4 support database. The loadfileswill define document breaks, attachments, and other infonnation 5 identified below. 6 (i) Document Cross-Reference File. YOU should provide a cross- 7 referencefilethat identifies the start and end of the document, its attachments and its 8 conesponding metadata. 9 (ii) Cross-Reference or Linking File. YOU should also provide a cross- 10 referencefilethat facilitates the linking of the produced image or nativefilewith the litigation 11 database. This cross-reference file will containfieldssuch as the unique document ID (i.e., 12 BegDoc) and thefilepath of the conesponding image or native file. YOU may provide this PH hq 13 information either in a Concordance or EclipseSE litigation database format or as a standard hq Q 14 delimited ASCII textfileor CSV file. Z PQ 15 (b) Categories of Production of ESL ESI will be produced as follows, >- a 16 depending on its classification. Z o 17 (i) Production of ESI as TIFF Imaues Witii Metadata and Exti-acted Q 18 Text. Documents created in standard office automationfileformats (including but not limited to 19 Microsoft Word or WordPerfect documents) and ESI that can practicably be converted into TIFF 20 format will be produced as single-page TIFF Group IV images, 300 dpi or greater, with any 21 availablefieldedmetadata and text searchable infonnation exfractedfromthe native documents. 22 Excel documents are to be produced as nativefileswith each document named by the Bates 23 number. If an Excel document is redacted, then it can be produced as a TIFF with the exfracted 24 text and metadata of the redacted version. 25 (1) Bates Numbering. The producing party will brand all TIFF 26 images in the lowerright-handcomer with its conesponding Bates number, using a consistent 27 font type and size. The Bates number must not obscure any part of the underlying image. 28 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 (2) File Names. Imagefilenames will be identical to the 2 conesponding Bates numbered images, with a ".tiffileextension. 3 (3) Confidentiality Endorsements. The producing party will 4 brand any confidentiality or similar endorsements, consistent with any stipulated protective order 5 the parties execute, in the TIFF image. Those endorsements must be in a consistent font type and 6 size, and must not obscure any part of the underlying image or Bates number. 7 (4) Production of Extracted Full Text. The producing party will 8 provide exfracted full text (i.e., text exfractedfromESI) for all material originating as ESI in a 9 textfileconesponding to a single page of a document. The full textfilename will be composed 10 ofthe Bates number of the associated document, with a ".txt"fileextension. When a party is 11 unable to produce exfractedfiilltext, it will provide an explanation of that inability with its 12 document production. PH hq hq 13 (5) Production of Metadata. The producing party will provide 14 the following metadata, as applicable, for all ESI: start Bates, end Bates, start attachment, end OQ 15 attachment, custodian or source, originalfilepath, originalfilename,filetype/file extension, pq Z 16 MD-5 hash value,title,creation date, creation time, page count, last modification date, last O 17 modification time, and last saved by name. Q 18 (6) Metadata for E-Mail. In addition to the metadata to be 19 produced for all ESI, for all e-mail, the producing party will also produce the following as fielded 20 metadata: subject, author, recipients, from, to, copyees, blind copyees, date sent,timesent, date 21 received,timereceived, MD-5 hash value, attachmentfilename, begin attachment, and end 22 attachment. Family relationships among e-mail and attachments will be maintained by ensuring 23 that attachments immediately follow their parent e-mail in the Bates numbering, and setting the 24 "begin attachment" and "end attachment" metadatafieldsappropriately. 25 (7) Explanation of Inability to Produce Metadata. When a party 26 is unable to produce metadata for a particularfield,it will provide an explanation of that inability 27 with its document production. 28 /// 1516037.3 5 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 (8) Redaction. If afiletiiatoriginates in ESI needs to be 2 redacted before production,tiiefilewill be rendered in TIFF, andtiieTIFF will be redacted and 3 produced. However, to the extent that the text is searchable in the native format, the producing 4 party will still provide searchable text for those portions of the document that have not been 5 redacted. 6 (ii) Production of Native Format Documents That Are Impractical to 7 ConverttoTIFF. ESI that is not practical to convert to TIFF may be produced using one of tiie 8 two following methods, which method will be subject to meet and confer between the parties. 9 (1) Spreadsheets That Are Impractical to Convert to TIFF. ESI 10 that is not practical to convert to TIFF (for example, spreadsheets) may be produced in elecfronic 11 format suitable for loading to a litigation support database with links to the native files. 12 a. Identification. ESI produced in nativefileformat PH hq 13 will be assigned a unique Begdoc number within the litigation database. hq 14 b. File Names. File names will be identical to the oi PQ 15 Begdoc number, followed by the originalfilename andfileextension. 16 c. Authentication. The producing party will provide a O 17 litigation database loadfilewith separatelyfieldeddata, which will contain, as one of the fields, 18 the MD-5 hash value of eachfileproduced in native format. 19 (2) ESI That Is Impractical to Produce Witii Links to a 20 Database. For any ESI where Unking a native document will render the document unusable, the 21 ESI should be produced in native form, accompanied with a Bates number and MD-5 hash value, 22 but separatefroma litigation support database. 23 (3) Encrypted or Password-Protected ESL For any ESI that 24 exists in encrypted format or is password-protected,tiieproducing party will provide the 25 propounding party a means to gain access to those nativefiles(for example, by supplying 26 passwords). 27 (iii) Reports in Lieu of Native Production. If a party believes that it 28 would be impractical to produce ESI in native format because of complexities associated with 1516037.3 6 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORL^ SET ONE 1 certain scheduling programs (such as Primavera), accoimting systems, mapping systems, and/or 2 other databases (such as MS Access, Oracle, and Microsoft SQL Server), it will so notify the 3 propounding party and will inform the propounding party whether it has generated reports in the 4 normal course of business using those programs or systems. In any such instance, the parties will 5 meet and confer conceming the manner of production of those reports. 6 (iv) Production of Pictures/Images. Any photographic images created 7 and/or maintained in JPEG elecfronic format will be produced in that format. 8 (c) Production Media. The producing party will use the appropriate elecfronic 9 media (CD, DVD, or hard drive) for its ESI production, and will cooperate in good faith to use 10 the highest capacity available media to minimize associated overhead. The producing party will 11 label the physical media with the producing party, production date, media volume name, and 12 document number range. hq 13 (d) Avoidance of Duplicate Production. The producing party will take all O 14 reasonable steps to reduce duplication of ESI. De-duplication will be performed within a z 0Q 15 custodian. The producing party will maintain references to all removed duplicate files. Ui Z 16 4. If YOU claim that the attomey-client privilege, the attomey work-product o 17 doctrine, or any other privilege is applicable to any DOCUMENTS, production of which are p 18 sought by this request, the substance of those DOCUMENTS need not be disclosed in YOUR 19 answers, but YOU shall, witii respect totiioseDOCUMENTS: 20 (a) Statetiiedate ofthe DOCUMENTS; 21 (b) Identify each and every autiior oftiieDOCUMENTS; 22 (c) Identify each and every other person who prepared or participated in the 23 preparation oftiieDOCUMENTS; 24 (d) Identify each and every person who received the DOCUMENTS; 25 (e) Identify each and every personfromwhom the DOCUMENTS were 26 received; 27 (f) Statetiiepresent location oftiieDOCUMENTS and all copies thereof; 28 /// 1516037.3 7 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 (g) Identify each and every person having custody or confrol of the 2 DOCUMENTS and all copiestiiereof;and 3 (h) Provide sufficient fiirther information conceming the DOCUMENTS and 4 tiie circumstances thereof to explain the claim of privilege and to permit the adjudication of the 5 propriety of that claim. 6 5. hi fhe event YOU are able to produce only some oftiieDOCUMENTS called for 7 in a particular request, please produce all the DOCUMENTS YOU are able to and state the 8 reasons for YOUR inability to produce the remainder. 9 6. If YOU object to a portion ofa request, please produce all DOCUMENTS called 10 for by that portion of the request to which YOU do not object. 11 7. When YOU producetiieDOCUMENTS requested herein for inspection and 12 photocopying, YOU are to identify the DOCUMENTS produced by reference to the number of OH hq 13 the Request. 14 8. Complete production is to be made by the date specified above. The inspection PQ 15 and copying will begin at that time and place and will continuefromday to day thereafter until 16 completed. O 17 REOUESTS FOR PRODUCTION OF DOCUMENTS Q 18 REOUEST FOR PRODUCTION NO. 1; 19 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing proposed budgets 20 fortiieCOMPANY. 21 REOUEST FOR PRODUCTION NO. 2; 22 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing Charles Somers's 23 investments in the COMPANY. 24 REOUEST FOR PRODUCTION NO. 3; 25 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing money loaned by 26 Charles Somers to the COMPANY. 27 /// 28 /// 1516037.3 8 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 REQUEST FOR PRODUCTION NO. 4; 2 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing money provided to 3 the COMPANY by any entity owned or confrolled by Charles Somers. 4 REOUEST FOR PRODUCTION NO. 5: 5 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing money loaned to the 6 COMPANY by anyone other than Charles Somers. 7 REOUEST FOR PRODUCTION NO. 6; 8 Produce all DOCUMENTS RELATED TO, reflecting, or evidencmg tiie COMPANY'S 9 business plans. 10 REOUEST FOR PRODUCTION NO. 7: 11 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any PERSON'S 12 purchase of stock in the COMPANY. PH hq 13 REOUEST FOR PRODUCTION NO. 8; hq Q 14 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing Roy Chin's Pi 15 PQ resignationfromthe COMPANY. Ui 16 REOUEST FOR PRODUCTION NO. 9; Z o 17 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing Charles Somers's Q 18 Status as a member of the COMPANY'S board of dfrectors. 19 REOUEST FOR PRODUCTION NO. 10; 20 Produce all DOCUMENTS RELATED TO, reflecting, or evidencmg Charles Somers's 21 status as an officer ofthe COMPANY. 22 REOUEST FOR PRODUCTION NO. 11; 23 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any representations 24 by YOU that Charles Somers was your partner in the COMPANY. 25 REOUEST FOR PRODUCTION NO. 12; 26 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any representations 27 by YOU tiiat Charles Somers confrolled the COMPANY, in whole or in part. 28 /// 15I6037J 0 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 REOUEST FOR PRODUCTION NO. 13; 2 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR agreement to 3 repay Charles Somers for money he loaned to the COMPANY. 4 REOUEST FOR PRODUCTION NO. 14; 5 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR agreement to 6 repay Charles Somers for money he invested in the COMPANY. 7 REOUEST FOR PRODUCTION NO. 15; 8 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing stock purchase 9 agreements fortiieCOMPANY's stock. 10 REOUEST FOR PRODUCTION NO. 16; 11 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR stattis as a 12 member of the COMPANY'S board of directors. PH hq 13 REOUEST FOR PRODUCTION NO. 17; Q Z 14 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR stattis as a < ui PQ 15 shareholder oftiieCOMPANY. >^ 16 REOUEST FOR PRODUCTION NO. 18; O 17 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR stams as an Q 18 officer of the COMPANY. 19 REOUEST FOR PRODUCTION NO. 19: 20 Produce all oftiieCOMPANY'S corporate minutes. 21 REOUEST FOR PRODUCTION NO. 20; 22 Produce all oftiieCOMPANY'S books and records. 23 REOUEST FOR PRODUCTION NO. 21; 24 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to 25 find a potential location in Sacramento wherein the COMPANY could manufacture medical 26 devices. 27 /// 28 /// 1516037,3 10 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 REOUEST FOR PRODUCTION NO. 22: 2 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any efforts 3 associated with the COMPANY'S interest in leasing a facility in Sacramento wherein it could 4 manufacture medical devices. 5 REOUEST FOR PRODUCTION NO. 23; 6 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any efforts to add 7 members to the COMPANY'S board of directors. 8 REOUEST FOR PRODUCTION NO. 24; 9 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing efforts to license 10 patents owned bytiieCOMPANY. 11 REQUEST FOR PRODUCTION NO. 25: 12 Produce all DOCUMENTS RELATED TO, reflectmg, or evidencing efforts to sell patents PH hq hq 13 owned bytiieCOMPANY Q 14 REOUEST FOR PRODUCTION NO. 26; PQ 15 Produce all DOCUMENTS RELATED TO, reflectmg, or evidencing the appointinent of Ui Z 16 board members fortiieCOMPANY. O 17 REOUEST FOR PRODUCTION NO. 27: Q 18 Produce all DOCUMENTS RELATED TO, reflecting, or evidencingtiieannual 19 shareholder meeting held in 2017. 20 REOUEST FOR PRODUCTION NO. 28; 21 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any otiier annual 22 shareholder meetings ever held by the COMPANY. 23 REOUEST FOR PRODUCTION NO. 29; 24 Produce all DOCUMENTS RELATED TO, reflecting, or evidencingtiieresolution YOU 25 supposedly passed on or about December 15, 2014, making YOU the President, CEO, CFO, and 26 Secretary of the COMPANY. 27 /// 28 /// 1516037.3 11 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 REQUEST FOR PRODUCTION NO. 30: 2 Produce all COMMUNICATIONS between YOU and any member of tiie COMPANY'S 3 board of directors. 4 REOUEST FOR PRODUCTION NO. 31: 5 Produce all DOCUMENTS filed on behalf of tiie COMPANY witii tiie Califomia 6 Secretary of State. 7 REOUEST FOR PRODUCTION NO. 32: 8 Produce all tax rettuns filed on behalf of the COMPANY. 9 REOUEST FOR PRODUCTION NO. 33; 10 Produce all DOCUMENTS RELATED TO, reflecting, or evidencingtiiepatents, whetiier 11 apparatus patents or method patents, owned by the COMPANY. 12 REOUEST FOR PRODUCTION NO. 34; PH hq hq 13 Produce all COMMUNICATIONS between YOU and Roy Chin RELATED TO seeking 14 any investor(s) fortiieCOMPANY. < PQ 15 REOUEST FOR PRODUCTION NO. 35: Ui 16 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to Z o 17 seek any investor(s) for the COMPANY. Q 18 REOUEST FOR PRODUCTION NO. 36; 19 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to 20 convince Charles Somers to invest in the COMPANY. 21 REQUEST FOR PRODUCTION NO. 37; 22 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to 23 convince Charles Somers to make loans to the COMPANY. 24 REQUEST FOR PRODUCTION NO. 38; 25 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to 26 obtain approval from the FDA to bring the COMPANY'S patented devices to market. 27 /// 28 /// 1516037.3 12 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 REQUEST FOR PRODUCTION NO. 39: 2 Produce all COMMUNICATIONS between YOU and Roy Chin RELATED TO obtaining 3 approvalfromthe FDA to bring the COMPANY'S patented devices to market. 4 REQUEST FOR PRODUCTION NO. 40: 5 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing YOUR efforts to 6 produce the COMPANY'S patented devices in Malaysia. 7 REQUEST FOR PRODUCTION NO. 41; 8 Produce all COMMUNICATIONS between YOU and Roy Chin RELATED TO 9 producing the COMPANY'S patented devices in Malaysia. 10 REQUEST FOR PRODUCTION NO. 42; 11 Produce all DOCUMENTS RELATED TO, reflecting, or evidencing any contribution, 12 monetary or otherwise, that YOU have made to the COMPANY since its inception. PH hq hq 13 REOUEST FOR PRODUCTION NO. 43; 14 Produce all COMMUNICATIONS between YOU and Charles Somers regarding tiie < oi PQ 15 COMPANY. I pq 16 REQUEST FOR PRODUCTION NO. 44: O Q 17 Produce all COMMUNICATIONS between YOU and Ken Silva regarding tiie 18 COMPANY. 19 REOUEST FOR PRODUCTION NO. 45; 20 Produce all COMMUNICATIONS between YOU and Ron Alvarado regarding tiie 21 COMPANY. 22 REOUEST FOR PRODUCTION NO. 46; 23 Produce all COMMUNICATIONS between YOU and Sonya Ahem regarding the 24 COMPANY. 25 REOUEST FOR PRODUCTION NO. 47: 26 Produce all COMMUNICATIONS between YOU and Craig Rosenberg regarding tiie 27 COMPANY. /// 28 15160J7.3 13 CHARLES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 REOUEST FOR PRODUCTION NO. 48; 2 Produce all COMMUNICATIONS between YOU and Clafre Cordell regarding tiie 3 COMPANY. 4 REQUEST FOR PRODUCTION NO. 49: 5 Produce all COMMUNICATIONS between YOU and Roger Valine. 6 REQUEST FOR PRODUCTION NO. 50; 7 Produce all COMMUNICATIONS between YOU and any otiier PERSON regarding tiie 8 development of medical devices similar in any manner to the patents, whether apparatus or 9 method patents, owned by the COMPANY. 10 REQUEST FOR PRODUCTION NO. 51: 11 Produce all COMMUNICATIONS between YOU and any other PERSON regarding any 12 business enterprise involving the development or use of medical devices similar in any manner to PH 13 the patents, whether apparatus or metiiod patents, owned bytiieCOMPANY. hJ 14 REQUEST FOR PRODUCTION NO. 52; PQ 15 Produce all DOCUMENTS identified in YOUR responses to Charles Somers's Special 16 Intenogatories to Dr. James Longoria, Set One. O 17 DATED: May 2, 2018 DOWNEY BRAND LLP Q 18 19 20 /ILLIAM R. WARNE ANNIE S. AMARAL 21 AVALON J. FITZGERALD Attomeys for Plaintiff CHARLES SOMERS, 22 individuaUy and as trastee for the CHARLES 23 SOMERS LIVING TRUST 24 25 26 27 28 14 CHAJILES SOMERS'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DR. JAMES LONGORIA, SET ONE 1 PROOF OF SERVICE 2 I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Downey Brand LLP, 621 Capitol Mall, 18th Floor, 3 Sacramento, Califomia, 95814-4731. On May 2, 2018,1 served the within document(s): 4 CHARLES SOMERS'S REQUEST FOR PRODUCTION QF DOCUMENTS TO DR. JAMES LONGOlUA, SET ONE 5 6 BY FAX; byfransmittingvia facsunile the document(s) Usted above to the fax • number(s) set forth below on this date before 5:00 p.m. 7 BY E-MAIL: byfransmittingvia my elecfronic service address 8 • (tchacon@downeybrand.com) the document(s) listed above to the person(s) at the e-mail address(es) set forth below. 9 BY MAIL; by placing tiie document(s) listed above in a sealed envelope with 10 • postage thereon fiilly prepaid, in the United States mail at Sacramento, California addressed as set fortii below. 11 BY OVERNIGHT MAIL; by causing document(s) to be picked up by an 12 • ovemight delivery service company for delivery to the addressee(s) on the next PH business day. 1-3 13 BY PERSONAL DELIVERY: by causing personal dehvery by On Demand 14 Legal of the document(s) listed above to the person(s) at the address(es) set forth s PQ 15 below. Attorneys for Defendant. DR. JAMES LONGORIA Ui 16 Jan Dudensing 17 Dudensing Kim o 925 G Sfreet G 18 Sacramento, CA 95814 Ph: (916)448-3122 19 Fx: (916)448-1004 20 I am readily familiar with the firm's practice of collection and processing conespondence 21 for mailing. Under that practice it would be deposited with the U.S. Postal Service ontiiatsame day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 22 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 23 I declare under penalty of perjury under the laws of the State of Cahfomia that the above 24 is true and correct. 25 Executed on May 2, 2018, at Sacramento, Califomia. 26 27