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TUCKER ELLIS LLP ELECTRONICALLY FILED (Autc
MOLLIE F. BENEDICT SBN 187084 SUPERIOR COURT OF CALIFO RNIA
mollie.benedict@tuckerellis.com COUNTY OF SAN BERNARDIN 3
AGGIE B. LEE SBN 228332 1/31/2024 11:14 AM
aggie.lee@tuckerellis.com
KAITLYN N. PANGBURN SBN 336346
.b kaitlyn.pangburn@tuckerellis.com
515 South Flower Street, Forty-Second Floor
Los Angeles, CA 90071
QOUI
Telephone: 213.430.3400
Facsimile: 213.430.3409
Attorneys for Defendants
ALEX JOHN BENITEZ, JR. and FRESENIUS MEDICAL CARE
HOLDINGS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
Louis
St. 10 COUNTY OF SAN BERNARDINO
0
Francisco
11 ABRAHAM CERDA TRUJILLO, an Case N0. CIV DS 2020893
individual,
12 Assigned to the Hon. Janet M. Frangie, Dept. R17
San
LLP
9 Plaintiff,
13 DECLARATION OF MOLLIE F. BENEDICT IN
Angeles
ELLIS
V. SUPPORT OF DEFENDANT FRESENIUS
14 MEDICAL CARE HOLDINGS, INC.’S
Los
O ALEX JOHN BENITEZ, JR., Driver; OPPOSITIONS TO PLAINTIFF’S MOTIONS TO
TUCKER
15 FRESENIUS MEDICAL CARE HOLDINGS, COMPEL FURTHER RESPONSES TO SPECIAL
Columbus
INC, Registered Owner; and DOES through 1 INTERROGATORIES AND REQUESTS FOR
9
16 50, Inclusive, PRODUCTION, AND REQUESTS FOR
MONETARY SANCTIONS
17 Defendants.
Cleveland
[Filed concurrently with Opposition and Response t0
O 18 Separate Statement]
Chicago
19 Date: February 14, 2024
Time: 8:30 am.
20 Dept. R17
21 Complaint Filed: October 2, 2020
Trial Date: September 25, 2024
22
23 AND ALL RELATED CROSS ACTIONS
24
25
26
27
28
DEC. OF M. BENEDICT IN SUPPORT OF DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC.’S
OPPOSITIONS TO PLAINTIFF’S MOTIONS TO COMPEL FURTHER RESPONSES TO SPECIAL
INTERROGATORIES AND REQUESTS FOR PRODUCTION
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 Defendant Fresenius
Medical Care Holdings, Inc. (“Fresenius”) in the above-captioned case and am licensed to practice before
all Courts of the State 0f California. I am over eighteen years of age and am fully competent t0 make this
Declaration in support 0f Fresenius’ Opposition t0 Plaintiff” s Motion to Compel Further Responses from
Fresenius Medical Care to Special Interrogatories, Set One, No. 14 and Fresenius’ Opposition to
Plaintiff’ s Motion to Compel Further Responses from Fresenius Medical Care t0 Requests for Production,
Set One, Nos. 7-8, 20-24, 28—32 and 36—37. I have personal knowledge 0f the facts set forth below and,
Louis
St. 10 if called as a Witness, could competently testify t0 the following facts.
0
11 2. Attached hereto as Exhibit 1 is a true and correct copy of Fresenius’ Second Supplemental
Francisco
San
12 Response to Special Interrogatories, served 0n January 9, 2024.
LLP
9
13 3. Attached hereto as Exhibit 2 is a true and correct copy of the correspondence regarding a
Angeles
ELLIS
Los
14 meet and confer on December 29, 2023.
O
15 4. Attached hereto as Exhibit 3 is a true and correct copy of Fresenius’ Second Supplemental
TUCKER
Columbus
16 Responses to Plaintiff’ s Requests for Production 7, 8, 22, 29, 30, 36, and 37, served 0n January 26, 2024.
9
Cleveland
17 5. Attached hereto as Exhibit 4 is a true and correct copy 0f Defendant Fresenius’ Second
O 18 Supplemental Responses t0 Requests for Production 0f Documents (Set One) served on December 20,
Chicago
19 2023.
20 6. Fresenius provided a second set of supplemental responses to the interrogatory and to many
21 0f Plaintiffs requests at issue and it produced over 1,500 pages of documents over the course 0f this case.
22 This includes Benitez’s job description, route on the day of the accident, training documents, driving
23 manual, Federal Motor Carrier Safety Regulations Pocketbook, policies related to driving, policies related
24 t0 training, driving assessment, performance reviews, documents related to Benitez’s hiring, work
25 schedule, manuals for the vehicle, and insurance documents including the entire insurance policy that
26 covered Fresenius at the time 0f the accident.
27
28
2
DEC. OF M. BENEDICT IN SUPPORT OF DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC.’S
OPPOSITIONS TO PLAINTIFF’S MOTIONS TO COMPEL FURTHER RESPONSES TO SPECIAL
INTERROGATORIES AND REQUESTS FOR PRODUCTION
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TUCKER ELLIS LLP ELECTRONICALLY FILED (Autc MOLLIE F. BENEDICT SBN 187084 SUPERIOR COURT OF CALIFO RNIA mollie.benedict@tuckerellis.com COUNTY OF SAN BERNARDIN 3 AGGIE B. LEE SBN 228332 1/31/2024 11:14 AM aggie.lee@tuckerellis.com KAITLYN N. PANGBURN SBN 336346 .b kaitlyn.pangburn@tuckerellis.com 515 South Flower Street, Forty-Second Floor Los Angeles, CA 90071 QOUI Telephone: 213.430.3400 Facsimile: 213.430.3409 Attorneys for Defendants ALEX JOHN BENITEZ, JR. and FRESENIUS MEDICAL CARE HOLDINGS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA Louis St. 10 COUNTY OF SAN BERNARDINO 0 Francisco 11 ABRAHAM CERDA TRUJILLO, an Case N0. CIV DS 2020893 individual, 12 Assigned to the Hon. Janet M. Frangie, Dept. R17 San LLP 9 Plaintiff, 13 DECLARATION OF MOLLIE F. BENEDICT IN Angeles ELLIS V. SUPPORT OF DEFENDANT FRESENIUS 14 MEDICAL CARE HOLDINGS, INC.’S Los O ALEX JOHN BENITEZ, JR., Driver; OPPOSITIONS TO PLAINTIFF’S MOTIONS TO TUCKER 15 FRESENIUS MEDICAL CARE HOLDINGS, COMPEL FURTHER RESPONSES TO SPECIAL Columbus INC, Registered Owner; and DOES through 1 INTERROGATORIES AND REQUESTS FOR 9 16 50, Inclusive, PRODUCTION, AND REQUESTS FOR MONETARY SANCTIONS 17 Defendants. Cleveland [Filed concurrently with Opposition and Response t0 O 18 Separate Statement] Chicago 19 Date: February 14, 2024 Time: 8:30 am. 20 Dept. R17 21 Complaint Filed: October 2, 2020 Trial Date: September 25, 2024 22 23 AND ALL RELATED CROSS ACTIONS 24 25 26 27 28 DEC. OF M. BENEDICT IN SUPPORT OF DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC.’S OPPOSITIONS TO PLAINTIFF’S MOTIONS TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND REQUESTS FOR PRODUCTION 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 Defendant Fresenius Medical Care Holdings, Inc. (“Fresenius”) in the above-captioned case and am licensed to practice before all Courts of the State 0f California. I am over eighteen years of age and am fully competent t0 make this Declaration in support 0f Fresenius’ Opposition t0 Plaintiff” s Motion to Compel Further Responses from Fresenius Medical Care to Special Interrogatories, Set One, No. 14 and Fresenius’ Opposition to Plaintiff’ s Motion to Compel Further Responses from Fresenius Medical Care t0 Requests for Production, Set One, Nos. 7-8, 20-24, 28—32 and 36—37. I have personal knowledge 0f the facts set forth below and, Louis St. 10 if called as a Witness, could competently testify t0 the following facts. 0 11 2. Attached hereto as Exhibit 1 is a true and correct copy of Fresenius’ Second Supplemental Francisco San 12 Response to Special Interrogatories, served 0n January 9, 2024. LLP 9 13 3. Attached hereto as Exhibit 2 is a true and correct copy of the correspondence regarding a Angeles ELLIS Los 14 meet and confer on December 29, 2023. O 15 4. Attached hereto as Exhibit 3 is a true and correct copy of Fresenius’ Second Supplemental TUCKER Columbus 16 Responses to Plaintiff’ s Requests for Production 7, 8, 22, 29, 30, 36, and 37, served 0n January 26, 2024. 9 Cleveland 17 5. Attached hereto as Exhibit 4 is a true and correct copy 0f Defendant Fresenius’ Second O 18 Supplemental Responses t0 Requests for Production 0f Documents (Set One) served on December 20, Chicago 19 2023. 20 6. Fresenius provided a second set of supplemental responses to the interrogatory and to many 21 0f Plaintiffs requests at issue and it produced over 1,500 pages of documents over the course 0f this case. 22 This includes Benitez’s job description, route on the day of the accident, training documents, driving 23 manual, Federal Motor Carrier Safety Regulations Pocketbook, policies related to driving, policies related 24 t0 training, driving assessment, performance reviews, documents related to Benitez’s hiring, work 25 schedule, manuals for the vehicle, and insurance documents including the entire insurance policy that 26 covered Fresenius at the time 0f the accident. 27 28 2 DEC. OF M. BENEDICT IN SUPPORT OF DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC.’S OPPOSITIONS TO PLAINTIFF’S MOTIONS TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND REQUESTS FOR PRODUCTION