Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
DYKEMA GOSSETT LLP 11/2/2023 2:19 PM
PAUL L. NYSTROM (Pro Hac Vice)
pnystrom@dykema.com By: Alyssa Leber, DEPUTY
ABIRAMI GNANADESIGAN, SBN 263375
AGnanadeSigan@dykema.com
JONATHAN KAMA (Pro Hac Vice)
jkama@dykema.com
444 South Flower Street, Suite 2200
Los Angeles, California 90071
Telephone: (213) 457-1800
Facsimile: (213) 457-1850
HARLEY-
Attorneys for Cross—Defendant,
DAVIDSON MOTOR COMPANY, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
11 LISA HILL, an individual Case N0. CIVDS 1 826573
90071
LLP
12 Plaintiff, Assigned to Hon. Wilfred J. Schneider, Jr.
STREET
Dept. S32
CALIFORNIA
13 V.
GOSSETT
FLOWER
2200
DECLARATION OF ABI
SUITE
14 QUAID HARLEY-DAVIDSON, INC., a GNANADESIGAN IN SUPPORT OF
California Corporation, and DOES 1 through CROSS-DEFENDANT HARLEY—
SOUTH ANGELES,
15 10, inclusive,, DAVIDSON MOTOR COMPANY, INC.’S
DYKEMA
444
MOTION TO CONTINUE TRIAL AND
Los
16 Defendant. ALL TRIAL RELATED DATES AND
DEADLINES
17
DATE: November 9, 2023
18 QUAID HARLEY-DAVIDSON, INC., a TIME: 8:30 a.m.
California Corporation,
DEPT: S32
19
Cross—Complainant, Complaint Filed: October 5, 2018
20 FAC Filed: March 4, 2019
V. SAC Filed: May 22, 2019
21
Cross Complaint Filed: May 28, 2021
HARLEY-DAVIDSON MOTOR
22 COMPANY, INC, a Wisconsin corporation, ACC Filed: July 29, 2021
and ROES through 10, inclusive,
1 SACC Filed: January 7, 2022
23 Trial: January 29, 2024
Cross-Defendants.
24
25
26
27
28
1
DECLARATION IN SUPPORT OF HARLEY-DAVIDSON MOTOR COMPANY, INC’S MOTION TO CONTINUE TRIAL AND ALL TRIAL
RELATED DEADLINES
DECLARATION OF ABI GNANADESIGAN
I, Abi Gnanadesigan, declare as follows:
1. I am an attorney licensed to practice in the State of California and an attorney at
Dykema Gossett LLP (“Dykema”), counsel 0f record in this action for Cross—Defendant Harley-
DaVidson Motor Company, Inc. (“Harley-Davidson”). Imake this Declaration in support of
Harley-Davidson’s Motion t0 Continue Tral and A11 Trial Related Dates and Deadlines
(“Motion”). I have personal knowledge of the facts declared herein and would testify truthfully
thereto if so required.
2. My office filed and served the Motion t0 Continue Trial on October 17, 2023, and
10 reserved and noticed a hearing date 0f November 9, 2023. My office intended t0 have the Motion
11 t0 Continue Trial personally served 0n counsel for all parties in this action as well as served
90071
LLP
STREET
12 electronically. However, due to an internal error, personal service was inadvertently not
GOSSETT 2200
CALIFORNIA
13 completed. My office did serve counsel for Plaintiff and counsel for Quaid electronically on
FLOWER
14 October 17, 2023. Plaintiff’s counsel did not raise the issue 0f notice until his opposition was filed
SUITE
SOUTH ANGELES,
15 ten days later.
DYKEMA
444
Los
16 3. Just three months after Quaid filed its initial Cross—Complaint 0n May 28, 2021,
17 Quaid moved to compel arbitration and to stay all proceedings. Just five months after Quaid filed
18 its Cross—Complaint, Quaid filed a Notice 0f Appeal regarding the Court’s denial 0f its Motion t0
19 Compel Arbitration, and a motion to stay all proceedings, which was ultimately granted.
20 4. As stated in the moving papers, Harley-Davidson has been diligent in pursuing
21 discovery. My office requested all of the discovery responses and documents produced by Quaid
22 and Plaintiff prior t0 Harley-Davidson’s involvement in the case. The discovery provided was
23 voluminous and required time to assess.
24 5. Harley-Davidson has served two sets of special interrogatories and a set of requests
25 for production on Quaid. Harley-Davidson has not received Quaid’s responses t0 its second set 0f
26 special interrogatories which are due on November 6. Harley-Davidson is currently involved in
27 meet and confer efforts with regard t0 Quaid’s responses t0 Harley-Davidson’s requests for
28 production and is still waiting for Quaid t0 produfe certain documents.
DECLARATION IN SUPPORT OF HARLEY-DAVIDSON MOTOR COMPANY, INC’S MOTION TO CONTINUE TRIAL AND ALL TRIAL
RELATED DEADLINES
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT DYKEMA GOSSETT LLP 11/2/2023 2:19 PM PAUL L. NYSTROM (Pro Hac Vice) pnystrom@dykema.com By: Alyssa Leber, DEPUTY ABIRAMI GNANADESIGAN, SBN 263375 AGnanadeSigan@dykema.com JONATHAN KAMA (Pro Hac Vice) jkama@dykema.com 444 South Flower Street, Suite 2200 Los Angeles, California 90071 Telephone: (213) 457-1800 Facsimile: (213) 457-1850 HARLEY- Attorneys for Cross—Defendant, DAVIDSON MOTOR COMPANY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT 11 LISA HILL, an individual Case N0. CIVDS 1 826573 90071 LLP 12 Plaintiff, Assigned to Hon. Wilfred J. Schneider, Jr. STREET Dept. S32 CALIFORNIA 13 V. GOSSETT FLOWER 2200 DECLARATION OF ABI SUITE 14 QUAID HARLEY-DAVIDSON, INC., a GNANADESIGAN IN SUPPORT OF California Corporation, and DOES 1 through CROSS-DEFENDANT HARLEY— SOUTH ANGELES, 15 10, inclusive,, DAVIDSON MOTOR COMPANY, INC.’S DYKEMA 444 MOTION TO CONTINUE TRIAL AND Los 16 Defendant. ALL TRIAL RELATED DATES AND DEADLINES 17 DATE: November 9, 2023 18 QUAID HARLEY-DAVIDSON, INC., a TIME: 8:30 a.m. California Corporation, DEPT: S32 19 Cross—Complainant, Complaint Filed: October 5, 2018 20 FAC Filed: March 4, 2019 V. SAC Filed: May 22, 2019 21 Cross Complaint Filed: May 28, 2021 HARLEY-DAVIDSON MOTOR 22 COMPANY, INC, a Wisconsin corporation, ACC Filed: July 29, 2021 and ROES through 10, inclusive, 1 SACC Filed: January 7, 2022 23 Trial: January 29, 2024 Cross-Defendants. 24 25 26 27 28 1 DECLARATION IN SUPPORT OF HARLEY-DAVIDSON MOTOR COMPANY, INC’S MOTION TO CONTINUE TRIAL AND ALL TRIAL RELATED DEADLINES DECLARATION OF ABI GNANADESIGAN I, Abi Gnanadesigan, declare as follows: 1. I am an attorney licensed to practice in the State of California and an attorney at Dykema Gossett LLP (“Dykema”), counsel 0f record in this action for Cross—Defendant Harley- DaVidson Motor Company, Inc. (“Harley-Davidson”). Imake this Declaration in support of Harley-Davidson’s Motion t0 Continue Tral and A11 Trial Related Dates and Deadlines (“Motion”). I have personal knowledge of the facts declared herein and would testify truthfully thereto if so required. 2. My office filed and served the Motion t0 Continue Trial on October 17, 2023, and 10 reserved and noticed a hearing date 0f November 9, 2023. My office intended t0 have the Motion 11 t0 Continue Trial personally served 0n counsel for all parties in this action as well as served 90071 LLP STREET 12 electronically. However, due to an internal error, personal service was inadvertently not GOSSETT 2200 CALIFORNIA 13 completed. My office did serve counsel for Plaintiff and counsel for Quaid electronically on FLOWER 14 October 17, 2023. Plaintiff’s counsel did not raise the issue 0f notice until his opposition was filed SUITE SOUTH ANGELES, 15 ten days later. DYKEMA 444 Los 16 3. Just three months after Quaid filed its initial Cross—Complaint 0n May 28, 2021, 17 Quaid moved to compel arbitration and to stay all proceedings. Just five months after Quaid filed 18 its Cross—Complaint, Quaid filed a Notice 0f Appeal regarding the Court’s denial 0f its Motion t0 19 Compel Arbitration, and a motion to stay all proceedings, which was ultimately granted. 20 4. As stated in the moving papers, Harley-Davidson has been diligent in pursuing 21 discovery. My office requested all of the discovery responses and documents produced by Quaid 22 and Plaintiff prior t0 Harley-Davidson’s involvement in the case. The discovery provided was 23 voluminous and required time to assess. 24 5. Harley-Davidson has served two sets of special interrogatories and a set of requests 25 for production on Quaid. Harley-Davidson has not received Quaid’s responses t0 its second set 0f 26 special interrogatories which are due on November 6. Harley-Davidson is currently involved in 27 meet and confer efforts with regard t0 Quaid’s responses t0 Harley-Davidson’s requests for 28 production and is still waiting for Quaid t0 produfe certain documents. DECLARATION IN SUPPORT OF HARLEY-DAVIDSON MOTOR COMPANY, INC’S MOTION TO CONTINUE TRIAL AND ALL TRIAL RELATED DEADLINES