On October 02, 2020 a
Party Discovery
was filed
involving a dispute between
Cerda Trujillo, Abraham,
and
Benitez Jr., Alex John,
Fresenius Medical Care Holdings, Inc. Registered Owner,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILECE)
SUPERIOR COURT 0F ALIFORNIA
TUCKER ELLIS LLP COUNTY 0F SAN BERNARDINO
MOLLIE F. BENEDICT SBN 187084 SAN BERNARDINO DISTRICT
mollie.benedict@tuckerellis.com
AGGIE B. LEE SBN 228332 10/9/2023 1231 P'V'
aggie.lee@tuckerellis.com .
-
DEPUTY
By' Br'anna J°h"‘°’°”’
KAITLYN N. PANGBURN SBN 336346
.p kaitlyn.pangbum@tuckerellis.com
515 South Flower Street
Forty-Second Floor
QOUI
Los Angeles, CA 90071
Telephone: 213.430.3400
Facsimile: 213.430.3409
Attorneys for Defendants
ALEX JOHN BENITEZ, JR. and FRESENIUS MEDICAL CARE
HOLDINGS, INC.
Louis
St. 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
0
Francisco
11 COUNTY OF SAN BERNARDINO
12
San
LLP
9
Angeles
13 ABRAHAM CERDA TRUJILLO, an Case N0. CIV DS 2020893
individual,
ELLIS
Los
14 Assigned t0 the Hon. Winston Keh
O Plaintiff,
15 DECLARATION OF MOLLIE F. BENEDICT IN
TUCKER
Columbus
V. SUPPORT OF DEFENDANTS ALEX JOHN
16 BENITEZ, JR. AND FRESENIUS MEDICAL
9 ALEX JOHN BENITEZ, JR., Driver; CARE HOLDINGS, INC.’S REPLY TO MOTION
Cleveland
17 FRESENIUS MEDICAL CARE HOLDINGS, TO QUASH NON-PARTY DEPOSITION
INC, Registered Owner; and DOES through1 SUBPOENA FOR PRODUCTION OF BUSINESS
O 18 50, Inclusive, RECORDS OF AMERICAN BUILDING SUPPLY
Memorandum]
Chicago
19 Defendants. [Filed concurrently with Reply
20 Date: October 16, 2023
Time: 8:30 a.m.
21 Dept. S33
22 Complaint Filed: October 2, 2020
Trial Date: September 25, 2023
23
AND RELATED CROSS ACTION.
24
25
26
27
28
DEC. OF MOLLIEF. BENEDICT IN SUPPORT OF DEFENDANTS’ REPLY TO MOTION TO QUASH NON-PARTY
DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS OF AMERICAN BUILDING SUPPLY
DECLARATION OF MOLLIE F. BENEDICT
I, Mollie F. Benedict, declare as follows:
1. I am an attorney at the law firm of Tucker Ellis LLP, counsel for Defendants Alex John
Benitez, Jr. and Fresenius Medical Care Holdings, Inc. (“Defendants”) in the above-captioned case and
am licensed t0 practice before all Courts of the State of California. I am over eighteen years 0f age and
am fully competent to make this Declaration in support of Defendants Motion t0 Quash Non—Party
Deposition Subpoena for Production of Business Records of American Building Supply (“ABS”). I have
personal knowledge 0f the facts set forth below and, if called as a Witness, could competently testify to
the following facts.
Louis
St. 10 2. On September 5, 2023, counsel for Defendants learned that communications had occurred
0
11 between Plaintiffs counsel and counsel for the subpoenaed party, and additional information has since
Francisco
12 developed.
San
LLP
9
13 3. Attached hereto as Exhibit 5 is a true and correct copy 0f the August 8, 2023, August 23,
Angeles
ELLIS
14 2023, August 24, 2023, August 29, 2023, August 31, 2023, and September 7, 2023 email thread between
Los
O
15 B. Trapper Freeman (counsel for the company that purchased ABS) and Kellian Summers (counsel for
TUCKER
Columbus
16 Plaintiff).
9
Cleveland
17 4. Attached hereto as Exhibit 6 is a true and correct copy 0f the August 18, 2023 and August
O 18 28, 2023 email chain from Kaitlyn N. Pangburn (counsel for Defendants) t0 Kellian Summers (counsel
Chicago
19 for Plaintiff) attempting t0 meet and confer.
20 5. Attached hereto as Exhibit 7 is a true and correct copy of the September 5, 2023 email
21 chain between Mollie F. Benedict (counsel for Defendants) and B. Trapper Freeman (counsel for the
22 company that purchased ABS).
23 6. Attached hereto as Exhibit 8 is a true and correct copy of the September 6, 2023, Meet and
24 confer letter 0n sanctions.
25 7. Attached hereto as Exhibit 9 is a true and correct copy of the September 6, 2023 Letter
26 from Kellian Summers (counsel for Plaintiff).
27
28
2
DEC. OF MOLLIE F. BENEDICT IN SUPPORT OF DEFENDANTS’ REPLY TO MOTION TO QUASH NON-PARTY
DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS OF AMERICAN BUILDING SUPPLY
Document Filed Date
October 09, 2023
Case Filing Date
October 02, 2020
Category
Personal Injury Motor Vehicle Unlimited
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ELECTRONICALLY FILECE) SUPERIOR COURT 0F ALIFORNIA TUCKER ELLIS LLP COUNTY 0F SAN BERNARDINO MOLLIE F. BENEDICT SBN 187084 SAN BERNARDINO DISTRICT mollie.benedict@tuckerellis.com AGGIE B. LEE SBN 228332 10/9/2023 1231 P'V' aggie.lee@tuckerellis.com . - DEPUTY By' Br'anna J°h"‘°’°”’ KAITLYN N. PANGBURN SBN 336346 .p kaitlyn.pangbum@tuckerellis.com 515 South Flower Street Forty-Second Floor QOUI Los Angeles, CA 90071 Telephone: 213.430.3400 Facsimile: 213.430.3409 Attorneys for Defendants ALEX JOHN BENITEZ, JR. and FRESENIUS MEDICAL CARE HOLDINGS, INC. Louis St. 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 0 Francisco 11 COUNTY OF SAN BERNARDINO 12 San LLP 9 Angeles 13 ABRAHAM CERDA TRUJILLO, an Case N0. CIV DS 2020893 individual, ELLIS Los 14 Assigned t0 the Hon. Winston Keh O Plaintiff, 15 DECLARATION OF MOLLIE F. BENEDICT IN TUCKER Columbus V. SUPPORT OF DEFENDANTS ALEX JOHN 16 BENITEZ, JR. AND FRESENIUS MEDICAL 9 ALEX JOHN BENITEZ, JR., Driver; CARE HOLDINGS, INC.’S REPLY TO MOTION Cleveland 17 FRESENIUS MEDICAL CARE HOLDINGS, TO QUASH NON-PARTY DEPOSITION INC, Registered Owner; and DOES through1 SUBPOENA FOR PRODUCTION OF BUSINESS O 18 50, Inclusive, RECORDS OF AMERICAN BUILDING SUPPLY Memorandum] Chicago 19 Defendants. [Filed concurrently with Reply 20 Date: October 16, 2023 Time: 8:30 a.m. 21 Dept. S33 22 Complaint Filed: October 2, 2020 Trial Date: September 25, 2023 23 AND RELATED CROSS ACTION. 24 25 26 27 28 DEC. OF MOLLIEF. BENEDICT IN SUPPORT OF DEFENDANTS’ REPLY TO MOTION TO QUASH NON-PARTY DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS OF AMERICAN BUILDING SUPPLY DECLARATION OF MOLLIE F. BENEDICT I, Mollie F. Benedict, declare as follows: 1. I am an attorney at the law firm of Tucker Ellis LLP, counsel for Defendants Alex John Benitez, Jr. and Fresenius Medical Care Holdings, Inc. (“Defendants”) in the above-captioned case and am licensed t0 practice before all Courts of the State of California. I am over eighteen years 0f age and am fully competent to make this Declaration in support of Defendants Motion t0 Quash Non—Party Deposition Subpoena for Production of Business Records of American Building Supply (“ABS”). I have personal knowledge 0f the facts set forth below and, if called as a Witness, could competently testify to the following facts. Louis St. 10 2. On September 5, 2023, counsel for Defendants learned that communications had occurred 0 11 between Plaintiffs counsel and counsel for the subpoenaed party, and additional information has since Francisco 12 developed. San LLP 9 13 3. Attached hereto as Exhibit 5 is a true and correct copy 0f the August 8, 2023, August 23, Angeles ELLIS 14 2023, August 24, 2023, August 29, 2023, August 31, 2023, and September 7, 2023 email thread between Los O 15 B. Trapper Freeman (counsel for the company that purchased ABS) and Kellian Summers (counsel for TUCKER Columbus 16 Plaintiff). 9 Cleveland 17 4. Attached hereto as Exhibit 6 is a true and correct copy 0f the August 18, 2023 and August O 18 28, 2023 email chain from Kaitlyn N. Pangburn (counsel for Defendants) t0 Kellian Summers (counsel Chicago 19 for Plaintiff) attempting t0 meet and confer. 20 5. Attached hereto as Exhibit 7 is a true and correct copy of the September 5, 2023 email 21 chain between Mollie F. Benedict (counsel for Defendants) and B. Trapper Freeman (counsel for the 22 company that purchased ABS). 23 6. Attached hereto as Exhibit 8 is a true and correct copy of the September 6, 2023, Meet and 24 confer letter 0n sanctions. 25 7. Attached hereto as Exhibit 9 is a true and correct copy of the September 6, 2023 Letter 26 from Kellian Summers (counsel for Plaintiff). 27 28 2 DEC. OF MOLLIE F. BENEDICT IN SUPPORT OF DEFENDANTS’ REPLY TO MOTION TO QUASH NON-PARTY DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS OF AMERICAN BUILDING SUPPLY