Preview
Michele Ballard Miller (SBN 1041 98)
.5
mbmiller@cozen.com b
J
Ethan W. Chemin (SBN) 273906
F
echernin@cozen.c0m
COZEN O'CONNOR
401 Wilshire Boulevard, Suite 850
Santa Monica, California 90401 _- v ”fa ,r
“W "
v
--‘-~-‘-f—
Telephone: 310.393.4000 7»:
Facsimile: 3 1 0.394.4700
O(Omflmcl-BOONA
Attorneys for Defendants
KAISER FOUNDATION HOSPITALS, KAISER
FOUNDATION HEALTH PLAN, INC.,
SOUTHERN CALIFORNIA PERMANENTE SCANNED
MEDICAL GROUP, and TAWNA BRUUN
A
SUPERIOR COURT OF THE STATE OF CALIFORNIA
A —¥ COUNTY OF SAN BERNARDINO
_\
N
90401
A OD
ESPERANZA PEREZ, Case No.2 CIVDSl920836
BOULEVARD
O'CONNOR
CA
550
Plaintiff’
WILSHIRE
SUITE
MONCA.
._\
A [Assigned t0 the Hon. Hon. Thomas S Garza,
COZEN Dept. S28]
401
SANTA
—\ U1 VS.
KAISER FOUNDATION HOSPITALS, a DECLARATION 0F ETHAN CHFRNIN
IN SUPPORT OF DEFENDANTS EX
—A O)
California Corporation; KAISER
FOUNDATION HEALTH PLAN, INC” a PARTE APPLICATION TO CONTINUE
—\
N TRIAL AND ALL RELATED
California Corporation; and SOUTHERN
CALIFORNIA PERMANENTE MEDICAL DEADLINES
—‘ 00
GROUP, INC., a California Corporation;
—\
(0
TAWNA BRUUN, an Individual; and DOES l
through 50, Inclusive, , Date; July 26, 20%! }
NO Time: 8:30 a.m.
Defendants. $27
Dept;
N -‘
NN March 20, 2019
Complaint Filed:
N 00
FAC Filed: March 26, 2019
MSJ: August 16, 2022
Nh TRC: September 7, 2023
Trial Date: September 11, 2023
U'l
N
N O)
NN
Nm
LEGAL\64951280\1 1
DECLARATION OF ETHAN CHERNIN IN SUPPORT 0F DEFENDANTS’ EX PARTE APPLICATION
T0 CONTINUE TRIAL AND ALL RELATED DEADLINES - CASE NO. CIVDSl920836
LEGAL\6498520 7\1
I, Ethan Chernin, declare:
1. I am an attorney at law licensed t0 practice before all courts ofthe State of California
and before this Court. I am a member ofthe law firm Cozen O‘Connor, and am one of the attorneys
of record for Defendant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern
California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above-
OOWNOCHLOONA
captioned matter.
2. I make this declaration in support of Defendants’ Ex Parte Application to Continue
Trial and All Related Deadlines (“Ex Parte Application”). I have personal knowledge ofthe matters
contained in this declaration, and if called to do so, can testify competently to the same.
_\
3. On July 25, 2023, at 9:50 a.m., my office provided notice of Defendants’ Ex Parte
._\
A Application via email to Plaintiff’s counsel, Twila White. A true and correct copy of this email
_x
N correspondence giving ex parte notice is attached here as Exhibit A. As of the time of this filing,
90401
_x 00 Ms. White has not indicated whether she intends to appear or to oppose this Ex Parte Application.
BOULEVARD
O‘CONNOR
CA
850
SUTTE
MONEA,
_\
A 4. As early as July 10, 2023, I sent Ms. White a draft Stipulation to Continue Trial. I
WILSHIRE
COZEN
followed up with Ms. White on numerous occasions regarding the draft stipulation, including on
SANTA
401
—\ U1
A 0) July 14, 2023, July 17, 2023, and July 18, 2023. A true and correct copy ofmy email correspondence
—t
N chain with Ms. White, last dated July 18, 2023, is attached here as Exhibit B. Although I sent a
—¥ OD further revised version of the draft stipulation to continue trial to Ms. White 0n July 18, 2023, to
—\ co date, Ms. White has not responded to that email nor signed the stipulation.
NO 5. I am scheduled in be in another trial beginning 0n September 15, 2023, in the matter
N —\
of Jennifer Carlton v. The Permanente Medical Group, in Alameda Superior Court. A true and
NN correct copy of the Order issued in Carlton, dated May 3 l, 2023, is attached here as Exhibit C.
N 00 6. In August 2022, the parties entered into a “first look agreement,” by which Plaintiff
NA was t0 review documents subpoenaed by Defendants from Plaintiff’ s healthcare provider, and
N U1 produce them within 10 days 0f receipt of the records to identify any privacy concerns. Ms. White
N O) received the subpoenaed documents on August 23, 2022, and should have produced documents by
NN September 2, 2023. To date, Plaintiff has yet t0 produce any of the subpoenaed documents, even
N 00
LEGAL\64951280\1 2
DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION
TO CONTINUE TRIAL AND ALL RELATED DEADLINES - CASE NO. CIVDS1920836
LEGAL\64985207\1
Preview
Michele Ballard Miller (SBN 1041 98) .5 mbmiller@cozen.com b J Ethan W. Chemin (SBN) 273906 F echernin@cozen.c0m COZEN O'CONNOR 401 Wilshire Boulevard, Suite 850 Santa Monica, California 90401 _- v ”fa ,r “W " v --‘-~-‘-f— Telephone: 310.393.4000 7»: Facsimile: 3 1 0.394.4700 O(Omflmcl-BOONA Attorneys for Defendants KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., SOUTHERN CALIFORNIA PERMANENTE SCANNED MEDICAL GROUP, and TAWNA BRUUN A SUPERIOR COURT OF THE STATE OF CALIFORNIA A —¥ COUNTY OF SAN BERNARDINO _\ N 90401 A OD ESPERANZA PEREZ, Case No.2 CIVDSl920836 BOULEVARD O'CONNOR CA 550 Plaintiff’ WILSHIRE SUITE MONCA. ._\ A [Assigned t0 the Hon. Hon. Thomas S Garza, COZEN Dept. S28] 401 SANTA —\ U1 VS. KAISER FOUNDATION HOSPITALS, a DECLARATION 0F ETHAN CHFRNIN IN SUPPORT OF DEFENDANTS EX —A O) California Corporation; KAISER FOUNDATION HEALTH PLAN, INC” a PARTE APPLICATION TO CONTINUE —\ N TRIAL AND ALL RELATED California Corporation; and SOUTHERN CALIFORNIA PERMANENTE MEDICAL DEADLINES —‘ 00 GROUP, INC., a California Corporation; —\ (0 TAWNA BRUUN, an Individual; and DOES l through 50, Inclusive, , Date; July 26, 20%! } NO Time: 8:30 a.m. Defendants. $27 Dept; N -‘ NN March 20, 2019 Complaint Filed: N 00 FAC Filed: March 26, 2019 MSJ: August 16, 2022 Nh TRC: September 7, 2023 Trial Date: September 11, 2023 U'l N N O) NN Nm LEGAL\64951280\1 1 DECLARATION OF ETHAN CHERNIN IN SUPPORT 0F DEFENDANTS’ EX PARTE APPLICATION T0 CONTINUE TRIAL AND ALL RELATED DEADLINES - CASE NO. CIVDSl920836 LEGAL\6498520 7\1 I, Ethan Chernin, declare: 1. I am an attorney at law licensed t0 practice before all courts ofthe State of California and before this Court. I am a member ofthe law firm Cozen O‘Connor, and am one of the attorneys of record for Defendant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above- OOWNOCHLOONA captioned matter. 2. I make this declaration in support of Defendants’ Ex Parte Application to Continue Trial and All Related Deadlines (“Ex Parte Application”). I have personal knowledge ofthe matters contained in this declaration, and if called to do so, can testify competently to the same. _\ 3. On July 25, 2023, at 9:50 a.m., my office provided notice of Defendants’ Ex Parte ._\ A Application via email to Plaintiff’s counsel, Twila White. A true and correct copy of this email _x N correspondence giving ex parte notice is attached here as Exhibit A. As of the time of this filing, 90401 _x 00 Ms. White has not indicated whether she intends to appear or to oppose this Ex Parte Application. BOULEVARD O‘CONNOR CA 850 SUTTE MONEA, _\ A 4. As early as July 10, 2023, I sent Ms. White a draft Stipulation to Continue Trial. I WILSHIRE COZEN followed up with Ms. White on numerous occasions regarding the draft stipulation, including on SANTA 401 —\ U1 A 0) July 14, 2023, July 17, 2023, and July 18, 2023. A true and correct copy ofmy email correspondence —t N chain with Ms. White, last dated July 18, 2023, is attached here as Exhibit B. Although I sent a —¥ OD further revised version of the draft stipulation to continue trial to Ms. White 0n July 18, 2023, to —\ co date, Ms. White has not responded to that email nor signed the stipulation. NO 5. I am scheduled in be in another trial beginning 0n September 15, 2023, in the matter N —\ of Jennifer Carlton v. The Permanente Medical Group, in Alameda Superior Court. A true and NN correct copy of the Order issued in Carlton, dated May 3 l, 2023, is attached here as Exhibit C. N 00 6. In August 2022, the parties entered into a “first look agreement,” by which Plaintiff NA was t0 review documents subpoenaed by Defendants from Plaintiff’ s healthcare provider, and N U1 produce them within 10 days 0f receipt of the records to identify any privacy concerns. Ms. White N O) received the subpoenaed documents on August 23, 2022, and should have produced documents by NN September 2, 2023. To date, Plaintiff has yet t0 produce any of the subpoenaed documents, even N 00 LEGAL\64951280\1 2 DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DEADLINES - CASE NO. CIVDS1920836 LEGAL\64985207\1