Request,Application: Charles, et al. v. Varsity Tutors, LLC

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                NAME, ADDRESS, AND TELEPHONE NUMBER OF PARTY WITHOUT ATTORNEY       STATE BAR NO.:             FOR COURT USE ONLY
Rafael Nendel-Flores (223358) | Guillermo Tello (277896)
CLARK HILL LLP
555 South Flower Street, 24th Floor
Los Angeles, CA 90071
Tel. 213.891.9100 | Fax 213.488.1178
ATTORNEY FOR: (Name):    Defendant VARSITY TUTORS LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
   STREET ADDRESS        191 North First Street
  MAILING ADDRESS:        191 North First Street
 CITY AND ZIP CODE:       San José, California 95113
      BRANCH NAME:      Old Courthouse
           PLAINTIFF:

Alexander Charles and Henry Mulak
          DEFENDANT:
Varsity Tutors LLC
                                                                                     CASE NUMBER:
             REQUEST FOR APPOINTMENT OF OFFICIAL
                   REPORTER PRO TEMPORE                                              19CV347249

Hearing/Trial Date        10/18/2023            Department (if known):       19

1. Reporter Information
                                    Michelle Graciano Cooper                                                     13572
    Name:                                                                              License No.:
                                                (PRINT)
                                       1932 Stearnlee Ave.                Long beach                  90815
    Business Address:
                                          STREET                              CITY                  ZIP CODE


    Email Address:                mgraciano.csr@gmail.com                            Telephone No.:         562-279-5792


2. Court Reporter Agreement
    I,        Michelle G. Cooper                       , accept this appointment as an official reporter pro tempore in this
    matter and confirm and agree that:

    (1)     I have a valid and current California Certified Shorthand Reporter License and I am in good standing
            with the Court Reporters Board of California;

    (2)     I am not a current full-time employee of the court and appointment as an official reporter pro tempore
            will not interfere with my obligation as a court employee;

    (3)     I will provide current contact information with the court as directed by the Director of Court Services.

    (4)     All fees for reporting services, including appearance, transcript and real-time fees, are the
            responsibility of the party or parties who arrange for the reporter services and may not be charged to
            the court;

    (5)      I will comply with statutes and rules applicable to official reporter pro tempore, including the duty to
            timely prepare transcripts, including those for appeals, in the proper form;

    (6)     I will demonstrate the highest standards of ethics and impartiality in the performance of my duties;

    (7)     I will comply with the court s requirements regarding uploading electronic archiving of notes within 48
            hours of the date of the proceedings except in extenuating circumstances and as approved in advance
            by the Director of Court Services, or making other arrangements if the only notes are in paper form;



  CV-5100 REV 01/01/19                                       PP IN                    IC                                    Page 1 of 3
  For Mandatory Use                                                                                   Cal Rules of Court, rule 2.956 Govt.
                                                       REPORTER PRO TEMPORE                                       Code §§68086 & 70044
 CASE NAME:                                                              CASE NUMBER:

Charles v. Varsity Tutors LLC, et al.                                    19CV347249


   (8)     I will follow directions from the court and will be subject to the jurisdiction of the court to the same
           extent as an official reporter.

   (9)     I will be available for read-back of notes taken during a jury trial within 30 minutes of the court s request;

   (10) If providing real-time reporting or other litigation support services (e.g. LiveNote), I am responsible for
        providing and connecting the necessary equipment. Instructions will be provided by the Director of
        Court Services.



                10/10/2023                                                   /s/ Michelle Graciano Cooper
   Date:                                              Signature:




                          ORDER APPOINTING OFFICIAL REPORTER PRO TEMPORE

Pursuant to Government Code Sections 68086 and 70044 and rule 2.956 the California Rules of Court and the
signature of at least one of the appearing parties set forth on the pages following this order, the above identified
Certified Shorthand Reporter is appointed as an official reporter pro tempore for these proceedings to be
transcribed by the official reporter pro tempore and may be ordered to lodge a copy of the transcript with the
Court.

IT IS ORDERED.


Date:
                                                      Judicial Officer




 CV-5100 REV 01/01/19                                PP IN                       IC                                   Page 2 of 3
 For Mandatory Use                                                                              Cal Rules of Court, rule 2.956 Govt.
                                               REPORTER PRO TEMPORE                                         Code §§68086 & 70044
 CASE NAME:                                                       CASE NUMBER:

Charles v. Varsity Tutors LLC, et al.                             19CV347249

Request for Appointment
The parties or their counsel listed below request that the Court appoint an official reporter pro tempore as set
forth in the Court Reporter Agreement and Order Appointing Official Reporter Pro Tempore herein.


 Date: 10/10/2023          Name:
                                    Rafael Nendel-Flores           Attorney for:
                                                                                   Varsity Tutors LLC
                                               (PRINT)


                        Signature


 Date:    10/10/2023       Name:
                                    Guillermo Tello                Attorney for:
                                                                                   Varsity Tutors LLC
                                               (PRINT)


                        Signature


 Date:                     Name:                                   Attorney for:
                                               (PRINT)


                        Signature


 Date:                     Name:                                   Attorney for:
                                               (PRINT)


                        Signature


 Date:                     Name:                                   Attorney for:
                                               (PRINT)


                        Signature


 Date:                     Name:                                   Attorney for:
                                               (PRINT)


                        Signature


 Date:                     Name:                                   Attorney for:
                                               (PRINT)


                        Signature


 Date:                     Name:                                   Attorney for:
                                               (PRINT)


                        Signature


    Additional Stipulations are attached to this document.



 CV-5100 REV 01/01/19                RE UE         PP IN    NT             IC                                  Page 3 of 3
 For Mandatory Use                                                                       Cal Rules of Court, rule 2.956 Govt.
                                             REPORTER PRO TEMPORE                                    Code §§68086 & 70044
                                            PROOF OF SERVICE

     STATE OF CALIFORNIA                   )
                                           ) ss.
     COUNTY OF LOS ANGELES                 )

            I declare that:

            I am employed in the County of Los Angeles, State of California. I am over the age of 18 years
     and not a party to the within action; my business address is 555 South Flower Street, 24th Floor, Los
     Angeles, California 90071.
             On October 10, 2023, I served the foregoing document(s) described as: DEFENDANT VARSITY
     TUTORS LLC’S REQUEST FOR APPOINTMENT OF OFFICIAL REPORTER PRO TEMPORE
     on the interested parties in this action by placing the true copies thereof enclosed in a sealed envelope(s)
     addressed as follows:
10
      Steven Tindall, Esq.                                Attorneys for Plaintiffs
11    Jeffrey Kosbie, Esq.                                ALEXANDER CHARLES and
      Rosanne L. Mah, Esq.                                HENRY MULAK
12    GIBBS LAW GROUP LLP
      1111 Broadway, Suite 2100                           Email : smt@classlawgroup.com
13    Oakland, CA 94607                                           jbk@classlawgroup.com
      Telephone: (510) 350-9700                                   rlm@classlawgroup.com
14    Facsimile: (510) 350-9701
                                                                  hcb@classlawgroup.com
15
     [X]    BY ELECTRONIC TRANSMISSION: By emailing a true and correct copy through Clark Hill LLP’s
16          electronic mail system from DVo@clarkhill.com to the email addresses as indicated on the above service
            list.
17
     [ ]    BY OVERNIGHT DELIVERY: I deposited such document(s) in a box or other facility regularly
18          maintained by the overnight service carrier, or delivered such document(s) to a courier or driver
            authorized by the overnight service carrier to receive documents, in an envelope or package
19          designated by the overnight service carrier with delivery fees paid or provided for, addressed to the
            person(s) served hereunder. (C.C.P. § 1013(d)(e)).
20
     [X]    (STATE) I declare under penalty of perjury under the laws of the State of California that the above
21          is true and correct.

22          Executed on October 10, 2023, at Los Angeles, California.

23

24

25                                                        Diane Vo

26

27

28

                                                   PROOF OF SERVICE