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LAW OFFICES OF
WALKUP, MELODIA, KELLY & SCHOENBERGER
A PROFESSIONAL CORPORATION,
‘4650 CALIFORNIA STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
(415) 981-7210
MICHAEL A. KELLY (State Bar #71460)
mkelly, Ikuplawoffice.com
MATTHEW D. DAVIS (State Bar #141986)
mdavis@walkuplawoffice.com
DOUGLAS S. SAELTZER (State Bar #173088)
dsaeltzer( kuplawoffice.com
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
05/03/2016
Clerk of the Court
BY:ANNA TORRES
Deputy Clerk
KHALDOUN A. BAGHDADI (State Bar #190111)
kbaghdadi@walkuplawoffice.com
JEFFREY A. CLAUSE (State Bar #299967)_
jclause@walkuplawoffice.com
Attorneys for Plaintiff Susan Braun
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION
SUSAN BRAUN
Plaintiff,
v.
ZIMMER, INC.; ZIMMER FEGAN &
MALONEY, INC.; JAMES PALMER; DOE
CORPORATIONS 1 TO 25 INCLUSIVE; AND
DOE DEFENDANTS 26 TO 100 INCLUSIVE.,
Defendants.
Case No. CGC-14-541588
Amends
NOTICE OF MOTION AND MOTION
FOR LEAVE TO FILE SECOND
AMENDED COMPLAINT
Reservation Number: 05020525-09
Hearing Date: 05/25/16
Hearing Time: 9:30 AM
Hearing Dept.: 302
Action Filed: 09/10/14
Trial Date:
TO EACH PARTY AND THEIR COUNSEL OF RECORD:
YOU ARE HEREBY NOTIFIED THAT on Wednesday, May 25, 2016 at 9:30 a.m. in
Department 302 the San Francisco Superior Court, located at 400 McAllister Street, San
Francisco, CA 94102, plaintiff will move the Court for an Order Granting Plaintiff Leave to File a
Second Amended Complaint.
MW
NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPI.AINT - CASE NO. CGC-14-
5415881 This: motion:will be based upon this-notice, the attached memorandum: points. and
2|| authorities, the-attached [Proposed] Second Amended:Complaint, the-files:and records inthis
3,|) action and any further evidence:and:argument that:the Court may receive at or before the hearing,
4
5 || Dated: May 2D, 2016 WALKUP, MELODIA, KELLY. & SCHOENBERGEn
6 :
7 we) J
8 MICHAEL: ARELLY
MATTHEW D. DAVIS
> DOUGLAS §.SAELTZER _
KHALDOUN A. BAGHDAD]
10. JEFFREY A CLAUSE:
1 Attorneys for Plaintiff Susan Bratin
121]
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| “Teagan NOVICE QF MOTION AND MOTION FOR LEAVE TOFILE SECOND.AMENDED COMPLAINT. «CASE NO:CGC-14.
| Soren 4Tash Br I0
eo ew ND NH kw! DH
Ss
11
PROOF OF SERVICE (CCP 1013a, 2015.5)
I am over the age of eighteen years and not a party to the within action; my business
address is and I am employed at Walkup, Melodia, Kelly & Schoenberger, 650 California Street,
San Francisco, California 94108.
On the date below I served the following document(s), the original of which was/were
produced on paper purchased as recycled, in accordance with Rules of Court §201(b):
NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED
COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
PLAINTIFF SUSAN BRAUN’S MOTION FOR LEAVE TO FILE SECOND AMENDED
COMPLAINT; DECLARATION OF MATTHEW D. DAVIS; PROPOSED ORDER
Sattele
Linda Sviak, Esq, Linda. Surtak © faes ce bd. com
Faegre Baker Daniels LLP
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901
Phone: (612)-766-8530
Fax: (612)-766-1600
Attorneys for Zimmer, Inc. and Zimmer Fegan & Maloney, Inc.
David S. Christy, Esq.
ist smith.com
Sonja S. Weissman, Esq.
wel ith.
com
Reed Smith LLP
101 Second Street, Suite 1800
San Francisco, CA 94107
Phone: (415)-543-8700
Fax: (415)-391-8269
Attorneys for Zimmer, Inc. and Zimmer Fegan & Maloney, Inc.
X_ BY MAIL. I caused such envelope with postage thereon fully prepaid to be placed in the
~~ United States mail at San Francisco, California.
BY PERSONAL SERVICE. I caused such document(s) to be delivered by hand to the
——~ office of the person(s) listed above.
BY FEDERAL EXPRESS. | caused such document(s) to be delivered by Federal Express
——~ to the office of the person(s) listed above.
3
NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF SUSAN BRAUN’S MOTION FOR LEAVE TO FILE SECOND
‘AMENDED COMPLAINT; DECLARATION OF MATTHEW D. DAVIS; PROPOSED ORDER - CASE NO. CGC-14-541588iMiconitis ce
ARUCEO ca arb
nee
BY FACSIMILE TRANSMISSION. I-caused such:document(s)-to-be delivered by
facsimile transmission.at or about on that date., This.dgeument was transmit
by using-a facsimile machine that complies will California Rulesof Court Rule 2003(3),
telephone number (415) 391-6965. The transmission-was reported as complete and without
error, Avcopy' of the transmission report, properly issued by the tiansmitting machine, is
al
. The names and facsimile numbers of the person(s) are as-set forth above.
BY ELECTRONIC TRANSMISSION. ‘By emailing the décument(s)-to:the persone atthe
"~~" gemtjail-address(es) listed based on.a court-order or an-agreement of the parties to accept
service by e-mail.. No electronic message or.other indication that the transmission was
unsuccessful was:received within: reasonable time afler the transmission,
BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS... Based ona court order:
~~" caused the above-entitled document(s) to be served through File & ServeXpress at
https://secure fileandservexpress.com addressed to all parties appearing-on.the electronic
service list for the above-cntitled case. The service transmission was reported as complete:
and-a copy of the File & ServeXpress Filing Receipt Page/Confitmation will. be filed,
deposited, or maintained with the original document(s) in this office,
.. Tdeclare under penalty of perjury:that ‘the foregoing is trie’and correét,. Executed ‘on May:
a, 2016;.at Sai Fiaiiciseo, California ,
4
NOTICE OF MOTION AND MOTION FOR LEAVE 10 FILE SECOND ANE
POINTS AND. AUTHORITIES IN SUPPORT.
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wy Oe NY DA HM e® wWHN A vet eta A HF YB KH | S 19 LAW OFFICES OF WALKUP, MELODIA, KELLY & SCHOENBERGER A PROFESSIONAL CORPORATION, ‘4650 CALIFORNIA STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94108-2615 (415) 981-7210 MICHAEL A. KELLY (State Bar #71460) mkelly, Ikuplawoffice.com MATTHEW D. DAVIS (State Bar #141986) mdavis@walkuplawoffice.com DOUGLAS S. SAELTZER (State Bar #173088) dsaeltzer( kuplawoffice.com ELECTRONICALLY FILED Superior Court of California, County of San Francisco 05/03/2016 Clerk of the Court BY:ANNA TORRES Deputy Clerk KHALDOUN A. BAGHDADI (State Bar #190111) kbaghdadi@walkuplawoffice.com JEFFREY A. CLAUSE (State Bar #299967)_ jclause@walkuplawoffice.com Attorneys for Plaintiff Susan Braun IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION SUSAN BRAUN Plaintiff, v. ZIMMER, INC.; ZIMMER FEGAN & MALONEY, INC.; JAMES PALMER; DOE CORPORATIONS 1 TO 25 INCLUSIVE; AND DOE DEFENDANTS 26 TO 100 INCLUSIVE., Defendants. Case No. CGC-14-541588 Amends NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Reservation Number: 05020525-09 Hearing Date: 05/25/16 Hearing Time: 9:30 AM Hearing Dept.: 302 Action Filed: 09/10/14 Trial Date: TO EACH PARTY AND THEIR COUNSEL OF RECORD: YOU ARE HEREBY NOTIFIED THAT on Wednesday, May 25, 2016 at 9:30 a.m. in Department 302 the San Francisco Superior Court, located at 400 McAllister Street, San Francisco, CA 94102, plaintiff will move the Court for an Order Granting Plaintiff Leave to File a Second Amended Complaint. MW NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPI.AINT - CASE NO. CGC-14- 5415881 This: motion:will be based upon this-notice, the attached memorandum: points. and 2|| authorities, the-attached [Proposed] Second Amended:Complaint, the-files:and records inthis 3,|) action and any further evidence:and:argument that:the Court may receive at or before the hearing, 4 5 || Dated: May 2D, 2016 WALKUP, MELODIA, KELLY. & SCHOENBERGEn 6 : 7 we) J 8 MICHAEL: ARELLY MATTHEW D. DAVIS > DOUGLAS §.SAELTZER _ KHALDOUN A. BAGHDAD] 10. JEFFREY A CLAUSE: 1 Attorneys for Plaintiff Susan Bratin 121] 2B 14 15 16 17 18 i 19: 20 21 22. i 23 | . | 24 25] 26 27. 28] snitoibcincs Soe 2 | “Teagan NOVICE QF MOTION AND MOTION FOR LEAVE TOFILE SECOND.AMENDED COMPLAINT. «CASE NO:CGC-14. | Soren 4Tash Br I0 eo ew ND NH kw! DH Ss 11 PROOF OF SERVICE (CCP 1013a, 2015.5) I am over the age of eighteen years and not a party to the within action; my business address is and I am employed at Walkup, Melodia, Kelly & Schoenberger, 650 California Street, San Francisco, California 94108. On the date below I served the following document(s), the original of which was/were produced on paper purchased as recycled, in accordance with Rules of Court §201(b): NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF SUSAN BRAUN’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; DECLARATION OF MATTHEW D. DAVIS; PROPOSED ORDER Sattele Linda Sviak, Esq, Linda. Surtak © faes ce bd. com Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Phone: (612)-766-8530 Fax: (612)-766-1600 Attorneys for Zimmer, Inc. and Zimmer Fegan & Maloney, Inc. David S. Christy, Esq. ist smith.com Sonja S. Weissman, Esq. wel ith. com Reed Smith LLP 101 Second Street, Suite 1800 San Francisco, CA 94107 Phone: (415)-543-8700 Fax: (415)-391-8269 Attorneys for Zimmer, Inc. and Zimmer Fegan & Maloney, Inc. X_ BY MAIL. I caused such envelope with postage thereon fully prepaid to be placed in the ~~ United States mail at San Francisco, California. BY PERSONAL SERVICE. I caused such document(s) to be delivered by hand to the ——~ office of the person(s) listed above. BY FEDERAL EXPRESS. | caused such document(s) to be delivered by Federal Express ——~ to the office of the person(s) listed above. 3 NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF SUSAN BRAUN’S MOTION FOR LEAVE TO FILE SECOND ‘AMENDED COMPLAINT; DECLARATION OF MATTHEW D. DAVIS; PROPOSED ORDER - CASE NO. CGC-14-541588iMiconitis ce ARUCEO ca arb nee BY FACSIMILE TRANSMISSION. I-caused such:document(s)-to-be delivered by facsimile transmission.at or about on that date., This.dgeument was transmit by using-a facsimile machine that complies will California Rulesof Court Rule 2003(3), telephone number (415) 391-6965. The transmission-was reported as complete and without error, Avcopy' of the transmission report, properly issued by the tiansmitting machine, is al . The names and facsimile numbers of the person(s) are as-set forth above. BY ELECTRONIC TRANSMISSION. ‘By emailing the décument(s)-to:the persone atthe "~~" gemtjail-address(es) listed based on.a court-order or an-agreement of the parties to accept service by e-mail.. No electronic message or.other indication that the transmission was unsuccessful was:received within: reasonable time afler the transmission, BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS... Based ona court order: ~~" caused the above-entitled document(s) to be served through File & ServeXpress at https://secure fileandservexpress.com addressed to all parties appearing-on.the electronic service list for the above-cntitled case. The service transmission was reported as complete: and-a copy of the File & ServeXpress Filing Receipt Page/Confitmation will. be filed, deposited, or maintained with the original document(s) in this office, .. Tdeclare under penalty of perjury:that ‘the foregoing is trie’and correét,. Executed ‘on May: a, 2016;.at Sai Fiaiiciseo, California , 4 NOTICE OF MOTION AND MOTION FOR LEAVE 10 FILE SECOND ANE POINTS AND. AUTHORITIES IN SUPPORT.