On May 20, 2021 a
Motion-Secondary
was filed
involving a dispute between
Fenchem, Inc.,
and
Does 1-25,
Sdc Nutrition, Inc.,
for Other Contract Unlimited
in the District Court of San Bernardino County.
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Jarrad L. Wood (SBN 3 10688)
Email: jwood@reedsmith.c0m
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-15 14 ELECTRONICALLY FILED
Telephone: +1 213 457 8000 SUPERIOR COURT OF CALIFORNIA
Facsimile: +1 213 457 8080
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Brian J. Willett (pro hac vice) 12/18/2023 5:13 PM
Email: bwillet@reedsmith.com
REED SMITH LLP By: Paola Iniguez Solorio, DEPUTY
599 Lexington Avenue
22nd Floor
New York, NY 10022
Telephone: +1 212 521 5400
Facsimile: +1 212 521 5450
Attorneysfor Defendant, SDC Nutrition, Inc.
10
Delaware
11
0f SUPERIOR COURT OF THE STATE OF CALIFORNIA
State
12
LLP
the
in
FOR THE COUNTY OF SAN BERNARDINO
13
SMITH
formed
FENCHEM, INC., N0. CIV SB 21 14881
14
REED
partnership
Plaintiff, DECLARATION OF JARRAD L. WOOD
15 IN SUPPORT OF DEFENDANT SDC
liability
V. NUTRITION, INC.’S NOTICE OF
limited
16 MOTION AND MOTION TO CONTINUE
A SDC NUTRITION, INC.; and DOES 1 TRIAL DATE AND RELATED DATES
17 through 25, inclusive,
Complaint Filed: May 20, 2021
18 Defendants. FAC Filed: May 18, 2023
19 Date: January 30, 2024
Time: 8:30 am.
20 Dept: S32
21
22
23
24
25
26
27
28
DECLARATION OF JARRAD L. WOOD IN SUPPORT OF DEFENDANT SDC NUTRITION, INC.’S NOTICE OF
MOTION AND MOTION TO CONTINUE TRIAL DATE AND RELATED DATES
I, Jarrad L. Wood, declare:
1. I am an attorney at law duly licensed t0 practice law in the State 0f California, an
attorney with Reed Smith LLP, and counsel for Defendant SDC Nutrition, Inc. (“SDC”) in the
above-captioned matter. Ihave personal knowledge 0f the facts set forth in this declaration, and if
called t0 testify as a Witness, I could and would competently testify thereto.
2. I submit this Supplemental Declaration in support 0f SDC’S Motion t0 Continue Trial
Date and Related Deadlines.
3. On November 30, 2023, the Court granted SDC’s motion t0 compel discovery and
granted in part SDC’s request for sanctions. A true and correct copy 0f the Court’s November 30,
10 2023 order is attached hereto as Exhibit A.
Delaware
11 4. As of the date below, Fenchem has still failed t0 produce the documents ordered by
0f
State
12 the Court in its November 30, 2023 order.
the
LLP
in
13 5. On October 20, 2023, SDC deposed Fenchem’s Person Most Knowledgeable
formed
SMITH
partnership
14 (“PMK”) for October 20, 2023. SDC has not been able t0 complete its deposition 0f Fenchem’s
REED
liability
15 PMK witness because Fenchem has not provided additional dates for its PMK witness. At the
limited
16 deposition 0f Fenchem’s PMK Witness, the Witness was unable t0 provide information including but
A
17 not limited t0:
18 a) The date Fenchem received SDC’s purchase orders;
19 b) Whether SDC told Fenchem that confirming SDC’s purchase orders was necessary;
20 c) Whether Fenchem has documentation 0f its efforts t0 sell the products allegedly
21 ordered by SDC t0 third parties; 0r
22 d) An estimate of the last time Fenchem attempted t0 contact SDC regarding the
23 products allegedly ordered by SDC.
24 6. A true and correct copy of a letter outlining, among other things, the deficiencies in
25 Fenchem’s PMK witness’s preparation is attached hereto as Exhibit B.
26 7. On Thanksgiving eve, November 22, 2023, Fenchem served numerous requests for
27 production, interrogatories, form interrogatories, and requests for admission (the “Fenchem’s
28
1
DECLARATION OF JARRAD L. WOOD IN SUPPORT OF DEFENDANT SDC NUTRITION, INC.’S NOTICE OF
MOTION AND MOTION TO CONTINUE TRIAL DATE AND RELATED DATES
Document Filed Date
December 18, 2023
Case Filing Date
May 20, 2021
Category
Other Contract Unlimited
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Jarrad L. Wood (SBN 3 10688) Email: jwood@reedsmith.c0m REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-15 14 ELECTRONICALLY FILED Telephone: +1 213 457 8000 SUPERIOR COURT OF CALIFORNIA Facsimile: +1 213 457 8080 COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Brian J. Willett (pro hac vice) 12/18/2023 5:13 PM Email: bwillet@reedsmith.com REED SMITH LLP By: Paola Iniguez Solorio, DEPUTY 599 Lexington Avenue 22nd Floor New York, NY 10022 Telephone: +1 212 521 5400 Facsimile: +1 212 521 5450 Attorneysfor Defendant, SDC Nutrition, Inc. 10 Delaware 11 0f SUPERIOR COURT OF THE STATE OF CALIFORNIA State 12 LLP the in FOR THE COUNTY OF SAN BERNARDINO 13 SMITH formed FENCHEM, INC., N0. CIV SB 21 14881 14 REED partnership Plaintiff, DECLARATION OF JARRAD L. WOOD 15 IN SUPPORT OF DEFENDANT SDC liability V. NUTRITION, INC.’S NOTICE OF limited 16 MOTION AND MOTION TO CONTINUE A SDC NUTRITION, INC.; and DOES 1 TRIAL DATE AND RELATED DATES 17 through 25, inclusive, Complaint Filed: May 20, 2021 18 Defendants. FAC Filed: May 18, 2023 19 Date: January 30, 2024 Time: 8:30 am. 20 Dept: S32 21 22 23 24 25 26 27 28 DECLARATION OF JARRAD L. WOOD IN SUPPORT OF DEFENDANT SDC NUTRITION, INC.’S NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL DATE AND RELATED DATES I, Jarrad L. Wood, declare: 1. I am an attorney at law duly licensed t0 practice law in the State 0f California, an attorney with Reed Smith LLP, and counsel for Defendant SDC Nutrition, Inc. (“SDC”) in the above-captioned matter. Ihave personal knowledge 0f the facts set forth in this declaration, and if called t0 testify as a Witness, I could and would competently testify thereto. 2. I submit this Supplemental Declaration in support 0f SDC’S Motion t0 Continue Trial Date and Related Deadlines. 3. On November 30, 2023, the Court granted SDC’s motion t0 compel discovery and granted in part SDC’s request for sanctions. A true and correct copy 0f the Court’s November 30, 10 2023 order is attached hereto as Exhibit A. Delaware 11 4. As of the date below, Fenchem has still failed t0 produce the documents ordered by 0f State 12 the Court in its November 30, 2023 order. the LLP in 13 5. On October 20, 2023, SDC deposed Fenchem’s Person Most Knowledgeable formed SMITH partnership 14 (“PMK”) for October 20, 2023. SDC has not been able t0 complete its deposition 0f Fenchem’s REED liability 15 PMK witness because Fenchem has not provided additional dates for its PMK witness. At the limited 16 deposition 0f Fenchem’s PMK Witness, the Witness was unable t0 provide information including but A 17 not limited t0: 18 a) The date Fenchem received SDC’s purchase orders; 19 b) Whether SDC told Fenchem that confirming SDC’s purchase orders was necessary; 20 c) Whether Fenchem has documentation 0f its efforts t0 sell the products allegedly 21 ordered by SDC t0 third parties; 0r 22 d) An estimate of the last time Fenchem attempted t0 contact SDC regarding the 23 products allegedly ordered by SDC. 24 6. A true and correct copy of a letter outlining, among other things, the deficiencies in 25 Fenchem’s PMK witness’s preparation is attached hereto as Exhibit B. 26 7. On Thanksgiving eve, November 22, 2023, Fenchem served numerous requests for 27 production, interrogatories, form interrogatories, and requests for admission (the “Fenchem’s 28 1 DECLARATION OF JARRAD L. WOOD IN SUPPORT OF DEFENDANT SDC NUTRITION, INC.’S NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL DATE AND RELATED DATES