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1 Lisa C. McCurdy (SBN 228755)
Layal L. Bishara (SBN 329154)
2 GREENBERG TRAURIG, LLP
1840 Century Park East, Suite 1900
3 Los Angeles, California 90067-2121
Telephone: (310) 586-7700
4 Facsimile: (310) 586-7800
mccurdyl@gtlaw.com
5 bisharal@gtlaw.com
6 Mitchell B. Greenberg (SBN 114878)
ABBEY, WEITZENBERG, WARREN & EMERY, PC
7 100 Stony Point Road, Suite 200
Santa Rosa, CA 95401
8 Telephone: (707) 542-5050
MGreenberg@abbeylaw.com
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10 Attorneys for Plaintiff SEAN DUGGAN,
individually and derivatively on behalf of
11 the Duggan Family Limited Partnership
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SONOMA
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SEAN DUGGAN, an individual, on his own Case No. SCV-268905
16 behalf and derivatively on behalf of the Duggan
Family Limited Partnership; Assigned for all purposes to Hon. Bradford DeMeo,
17 Dept. 17
Plaintiffs,
18 DECLARATION OF LISA C. MCCURDY IN
v. SUPPORT OF STIPULATED EX PARTE
19 APPLICATION TO ADVANCE HEARING DATE
LYNN DUGGAN, an individual; KELLY ON PLAINTIFF’S MOTION TO CONTINUE
20 MOFFAT, an individual; and DOES 1 through TRIAL
25, inclusive,
21 [Filed Concurrently with Stipulated Ex Parte
Application]
Defendants,
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Hearing Date: January 9, 2024
23 -and- Current Trial Date: February 2, 2024
24 THE DUGGAN FAMILY LIMITED
PARTNERSHIP, a California Limited
25 Partnership,
26 Nominal Defendant.
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DECLARATION OF LISA C. MCCURDY I/S/O STIPULATED EX PARTE APPLICATION TO
ADVANCE HEARING ON MOTION TO CONTINUE TRIAL
ACTIVE 692589012
1 DECLARATION OF LISA C. MCCURDY
2 I, Lisa C. McCurdy, declare as follows:
3 1. I am an attorney of law and a shareholder at the law firm of Greenberg Traurig, LLP,
4 attorneys for Plaintiff Sean Duggan (“Sean”). I have personal knowledge of the facts set forth herein, and
5 could and would competently testify thereto if called upon to do so.
6 2. I make this declaration in support of Plaintiff’s Stipulated Ex Parte Application to Advance
7 the Hearing on Plaintiff’s Motion to Continue the Trial Date.
8 3. Before 10:00 a.m. on January 8, 2024, my office provided notice to counsel for Defendant
9 Lynn Duggan and Nominal Defendants The Duggan Family Limited Partnership and Kelly Moffat via
10 email. A true and correct copy of that notice email is attached hereto as Exhibit 1.
11 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration
12 was executed on January 8, 2024, in Los Angeles, California.
13
14 /s/ Lisa C. McCurdy
Lisa C. McCurdy
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DECLARATION OF LISA C. MCCURDY I/S/O STIPULATED EX PARTE APPLICATION TO
ADVANCE HEARING ON MOTION TO CONTINUE TRIAL
ACTIVE 692589012
EXHIBIT 1
From: McCurdy, Lisa C. (Shld-LA-LT)
Sent: Sunday, January 7, 2024 7:27 PM
To: Olsen, Anne F.; MGreenberg@abbeylaw.com
Cc: Arce, Patricia; DWilson@abbeylaw.com; marshall@bfolegal.com; mshklovsky@andersonzeigler.com;
Sharifi, Haleh (LSS-LA-LT); Bishara, Layal L. (Assoc-LA-LT)
Subject: Duggan Family Limited Partnership: Ex parte notice for Tuesday, January 9, 2024
Counsel,
As we discussed on Friday’s call, this email confirms that we will be filing an ex parte application on Tuesday morning to
advice the hearing on Sean Duggan’s motion to continue the February 2 trial date. As also discussed, we understand that
defendants do not oppose advancing the hearing date, although defendants do oppose the request for a continuance.
While we discussed January 19 as a hearing date for the motion, in reviewing Judge DeMeo’s calendar, it is not clear to
us that Friday, the 19th, would be the proper hearing date, as it looks as though law and motion is heard on Wednesdays.
We will be contacting the court tomorrow morning to seek clarification. We will circulate a stipulation tomorrow that
either specifies the date identified by the Court (if we get an answer), or we will leave the date blank for the Court to fill
in.
Thank you and we will follow up tomorrow.
Lisa C. McCurdy
Shareholder
Greenberg Traurig, LLP
1840 Century Park East | Suite 1900 | Los Angeles, CA 90067-2121
T +1 310.586.6512 | F +1 310.586.0212
mccurdyl@gtlaw.com | www.gtlaw.com | View GT Biography
Learn more about our commitment to diversity, equity, and inclusion.
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EXHIBIT 1
Page 3
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the aforesaid county, State of California; I am over the age of 18 years and not
a party to the within action; my business address is 1840 Century Park East, Suite 1900, Los Angeles,
4 CA 90067-2121; my email address is sharifih@gtlaw.com.
5 On January 9, 2024, I served DECLARATION OF LISA C. MCCURDY IN SUPPORT OF
STIPULATED EX PARTE APPLICATION TO ADVANCE HEARING DATE ON
6 PLAINTIFF’S MOTION TO CONTINUE TRIAL on the interested parties in this action as follows:
7 Anne Olsen
8 Noland, Hamerly, Etienne & Hoss, APC
333 Salinas Street, P.O. Box 2510
9 Salinas, CA 93902
Email: aolsen@nheh.com
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Attorneys for Defendant Lynn Duggan
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12 Marshall E. Bluestone
Bluestone Faircloth & Olson, LLP
13 1825 4th Street
Santa Rosa, CA 95404
14 Email: marshall@bfolegal.com
Email: emilee@bfolegal.com
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16 Attorneys for Defendant Duggan Family Limited Partnership
17 Michael Schklovsky
Anderson Zeigler, APC
18 50 Old Courthouse Square, 5th Fl.
19 Santa Rosa, CA 95404
Email: mshklovsky@andersonzeigler.com
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Attorneys for Defendant Kelly Moffat
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(BY E-MAIL) I caused the above document(s) to be transmitted to the office(s) of the
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addressee(s) listed above by electronic mail at the e-mail address(es) set forth above per
23 agreement and consent of the addressee(s). The document was served electronically and the
transmission was reported complete and without error.
24 (STATE) I declare under penalty of perjury under the laws of the State of California
25 that the foregoing is true and correct.
26 Executed on January 9, 2024 at Los Angeles, California.
27 /s/ Haleh Sharifi
Haleh Sharifi
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PROOF OF SERVICE
Preview
1 Lisa C. McCurdy (SBN 228755) Layal L. Bishara (SBN 329154) 2 GREENBERG TRAURIG, LLP 1840 Century Park East, Suite 1900 3 Los Angeles, California 90067-2121 Telephone: (310) 586-7700 4 Facsimile: (310) 586-7800 mccurdyl@gtlaw.com 5 bisharal@gtlaw.com 6 Mitchell B. Greenberg (SBN 114878) ABBEY, WEITZENBERG, WARREN & EMERY, PC 7 100 Stony Point Road, Suite 200 Santa Rosa, CA 95401 8 Telephone: (707) 542-5050 MGreenberg@abbeylaw.com 9 10 Attorneys for Plaintiff SEAN DUGGAN, individually and derivatively on behalf of 11 the Duggan Family Limited Partnership 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SONOMA 15 SEAN DUGGAN, an individual, on his own Case No. SCV-268905 16 behalf and derivatively on behalf of the Duggan Family Limited Partnership; Assigned for all purposes to Hon. Bradford DeMeo, 17 Dept. 17 Plaintiffs, 18 DECLARATION OF LISA C. MCCURDY IN v. SUPPORT OF STIPULATED EX PARTE 19 APPLICATION TO ADVANCE HEARING DATE LYNN DUGGAN, an individual; KELLY ON PLAINTIFF’S MOTION TO CONTINUE 20 MOFFAT, an individual; and DOES 1 through TRIAL 25, inclusive, 21 [Filed Concurrently with Stipulated Ex Parte Application] Defendants, 22 Hearing Date: January 9, 2024 23 -and- Current Trial Date: February 2, 2024 24 THE DUGGAN FAMILY LIMITED PARTNERSHIP, a California Limited 25 Partnership, 26 Nominal Defendant. 27 28 1 DECLARATION OF LISA C. MCCURDY I/S/O STIPULATED EX PARTE APPLICATION TO ADVANCE HEARING ON MOTION TO CONTINUE TRIAL ACTIVE 692589012 1 DECLARATION OF LISA C. MCCURDY 2 I, Lisa C. McCurdy, declare as follows: 3 1. I am an attorney of law and a shareholder at the law firm of Greenberg Traurig, LLP, 4 attorneys for Plaintiff Sean Duggan (“Sean”). I have personal knowledge of the facts set forth herein, and 5 could and would competently testify thereto if called upon to do so. 6 2. I make this declaration in support of Plaintiff’s Stipulated Ex Parte Application to Advance 7 the Hearing on Plaintiff’s Motion to Continue the Trial Date. 8 3. Before 10:00 a.m. on January 8, 2024, my office provided notice to counsel for Defendant 9 Lynn Duggan and Nominal Defendants The Duggan Family Limited Partnership and Kelly Moffat via 10 email. A true and correct copy of that notice email is attached hereto as Exhibit 1. 11 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration 12 was executed on January 8, 2024, in Los Angeles, California. 13 14 /s/ Lisa C. McCurdy Lisa C. McCurdy 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF LISA C. MCCURDY I/S/O STIPULATED EX PARTE APPLICATION TO ADVANCE HEARING ON MOTION TO CONTINUE TRIAL ACTIVE 692589012 EXHIBIT 1 From: McCurdy, Lisa C. (Shld-LA-LT) Sent: Sunday, January 7, 2024 7:27 PM To: Olsen, Anne F.; MGreenberg@abbeylaw.com Cc: Arce, Patricia; DWilson@abbeylaw.com; marshall@bfolegal.com; mshklovsky@andersonzeigler.com; Sharifi, Haleh (LSS-LA-LT); Bishara, Layal L. (Assoc-LA-LT) Subject: Duggan Family Limited Partnership: Ex parte notice for Tuesday, January 9, 2024 Counsel, As we discussed on Friday’s call, this email confirms that we will be filing an ex parte application on Tuesday morning to advice the hearing on Sean Duggan’s motion to continue the February 2 trial date. As also discussed, we understand that defendants do not oppose advancing the hearing date, although defendants do oppose the request for a continuance. While we discussed January 19 as a hearing date for the motion, in reviewing Judge DeMeo’s calendar, it is not clear to us that Friday, the 19th, would be the proper hearing date, as it looks as though law and motion is heard on Wednesdays. We will be contacting the court tomorrow morning to seek clarification. We will circulate a stipulation tomorrow that either specifies the date identified by the Court (if we get an answer), or we will leave the date blank for the Court to fill in. Thank you and we will follow up tomorrow. Lisa C. McCurdy Shareholder Greenberg Traurig, LLP 1840 Century Park East | Suite 1900 | Los Angeles, CA 90067-2121 T +1 310.586.6512 | F +1 310.586.0212 mccurdyl@gtlaw.com | www.gtlaw.com | View GT Biography Learn more about our commitment to diversity, equity, and inclusion. 1 EXHIBIT 1 Page 3 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the aforesaid county, State of California; I am over the age of 18 years and not a party to the within action; my business address is 1840 Century Park East, Suite 1900, Los Angeles, 4 CA 90067-2121; my email address is sharifih@gtlaw.com. 5 On January 9, 2024, I served DECLARATION OF LISA C. MCCURDY IN SUPPORT OF STIPULATED EX PARTE APPLICATION TO ADVANCE HEARING DATE ON 6 PLAINTIFF’S MOTION TO CONTINUE TRIAL on the interested parties in this action as follows: 7 Anne Olsen 8 Noland, Hamerly, Etienne & Hoss, APC 333 Salinas Street, P.O. Box 2510 9 Salinas, CA 93902 Email: aolsen@nheh.com 10 Attorneys for Defendant Lynn Duggan 11 12 Marshall E. Bluestone Bluestone Faircloth & Olson, LLP 13 1825 4th Street Santa Rosa, CA 95404 14 Email: marshall@bfolegal.com Email: emilee@bfolegal.com 15 16 Attorneys for Defendant Duggan Family Limited Partnership 17 Michael Schklovsky Anderson Zeigler, APC 18 50 Old Courthouse Square, 5th Fl. 19 Santa Rosa, CA 95404 Email: mshklovsky@andersonzeigler.com 20 Attorneys for Defendant Kelly Moffat 21 (BY E-MAIL) I caused the above document(s) to be transmitted to the office(s) of the 22 addressee(s) listed above by electronic mail at the e-mail address(es) set forth above per 23 agreement and consent of the addressee(s). The document was served electronically and the transmission was reported complete and without error. 24 (STATE) I declare under penalty of perjury under the laws of the State of California 25 that the foregoing is true and correct. 26 Executed on January 9, 2024 at Los Angeles, California. 27 /s/ Haleh Sharifi Haleh Sharifi 28 1 PROOF OF SERVICE