On September 10, 2014 a
Complaint,Petition
was filed
involving a dispute between
Braun, Susan,
and
Doe Corporations 1 To 25, Inclusive,
Doe Defendants 26 To 100, Inclusive,
Maloney Inc.,
Palmer, James,
Zimmer Fegan & Maloney,
Zimmer Fegan & Maloney, Inc.,
Zimmer Inc.,
for civil
in the District Court of San Francisco County.
Preview
siancuiane “Unlimited Jurisdiction
es oN
Givit0
ATFORNEY OF | PARTY WITHOUT ATTORNEY [ame, State Bar number, ‘and address), FOR RCOURT USE ONLY
Matthew:DD.. Davis (141986)
‘Walkup ‘Melodia Kelly & Schoenberger
650 California Stree 26h Floor
San.Francisco; CA. § eet ¥
setenv 41 59817210 Fisk Geax 41 33OLEOOS “FILED
‘EMAIL ADDRESS (Orton ae
Trornevforiminey Plaintiff Susan Braun ‘Superior Court of Californie,
ee ‘COURT OF CALIFORNIA, COUNTY OF San Francisca County of San Francisco
streeraopress: 400 McAllister Street 05/03/2016
coe Orn Shane
onvasozecov: ‘San Francisco, CA 94102 7
Deputy Clerk
PLAINTIFF/PETITIONER: Susan. Braun:
DEFENDANTARESPONDENT! Zimmer, The,et al.
REQUEST FOR DISMISSAL
CASE NUMER
CGC-14-541588
Aconformed. copy will nat be returned by the clerk unless-a method of return is provided with the document:
glass-action. (Cal Rules of Court; rules:3.760-and 3.770.)
This form may not be used for dismissal of a derivative action or a class action or of any party or cause of actian na
=
+ TO THE CLERK: Please:disimiss this attich as follows:
a: (1) (Cl Witt prejiidice 2) ELD Without prejutiice
be) | Complaint @) C) Petition
@) CD Cross-compiaint filed by:(name):
(4) ] Cross-complaini fled by.(aame):
5) CQ Entire action of all parties and all causes of action
on (date):
on {date}:
(6) X} other (specity:*-” Comiplaint as to: Defendant James Palmét ONLY
2. (Complete in-all cases éxceptiamily law cases:)
‘Tee'court: Cjaia Qoddid not waive court fees and casts for a party in this case..(This information tay he oblaiied fom
thé clerk. if court fees and costs were waived, the: decieration:on the. back of this loon must be completed),
Bate: May 3, 2016
o Matthew: D.. Davis...
(Pe OR PRINT NigiE DF
Attorney or party: without attorney for:
[XY Piainiiti#Petitioner (2) BefendantResponitent
: : C1]. Cross:Complainant
3. TO: THE CLERK: Cansent to the above dismissal is hereby given**
Date;
»
YPEOR ParNane or CO]. -arrorney LJ. ranry.witriour attorney): AS1GNATURE]
Attomey or party without attorney for:
ite er rt (Family. Law) Seeking affirnatly é
ee Sled eciani cess mena
(Cy PlaintifPetitionar
(1d DefendantRespontent
Cd Croas-Complainant
{Tobe comploted:by-clenk).
a Dismissal entered -as'réquested on (date):
6 Dismissat entered ov (date):
‘as te ofly fname)?
&: [CD Gismissatinot entered as retuestad for the follawwing reasons (specify):
7 & [E) -Atioiney of party without attomey notfied'on (data):
b: [C] .Atlomey or party withoutattomey not notified: ‘Filing party failed to provide
(2) acopytobeconfarmed [2] means to-return conformed:copy
Date: Clerk: by Deputy
*Sradioeecie areca REQUEST FOR’ DISMISSAL Cv, coum: gouty car hawker Sood ee eas
‘CMG [Rev-dan: $5 2083) win courE ba Bou
Bratin-13196CN-110
PLAINTIFFIPETITIONER: Susan Braun CASE NONE:
DEFENDANT/RESPONDENT: Zimmer, Inc., et al. CGC-14-541588
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or
more in value by way of settlement, compromise, arbitration award, mediation settlement, or other
means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until
the lien is satisfied. (Gov. Code, § 68637.)
Declaration Concerning Waived Court Fees
1. The court waived fees and costs in this action for (name):
2. The parson in item 1 is (check one below):
a. (2) not recovering anything of value by this action.
b. (2) recovering less than $10,000 in value by this action.
c. (2) recovering $10,000 or more in value by this action. (if item 2c is checked, item 3 must be completed.)
3. (2) Attcourt fees and costs that were waived in this action have been paid to the court (check one): Cl Yes CI No
I declare under penalty of perjury under the taws of the State of California that the information above is true and correct.
Date:
»
crvecorprintnawe or [_ arrorney CB parry mane oecaration (sianarurey
Sethe eve 1 201 REQUEST FOR DISMISSAL Pogo zot2
Braun-13196Co on A HW FY HN
A BBR = Oo
16
PROOF OF SERVICE (CCP 1013a, 2015.5)
Iam 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):
REQUEST FOR DISMISSAL OF DEFENDANT JAMES PALMER ONLY
to:
Linda tA, £54.
Baker Daniels LLP
oe 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.
SI
Sonja . Weissman, Esq.
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.
Lindasvitak efa eget bd. com
_X. BYMAIL. 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. I caused such document(s) to be delivered by Federal Express
to the office of the person(s) listed above.
BY FACSIMILE TRANSMISSION. I caused such document(s) to be delivered by
facsimile transmission at or about on that date. This document was transmitted
by using a facsimile machine that complies with California Rules of Court Rule 2003(3),
telephone number (415) 391-6965. The transmission was reported as complete and without
error. A copy of the transmission report, properly issued by the transmitting machine, is
attached. The names and facsimile numbers of the person(s) are as set forth above.
REQUEST FOR DISMISSAL OF DEFENDANT JAMES PALMER ONLY - CASE NO. CGC-14-541588CP MW OD om R w
BY ELECTRONIC TRANSMISSION. By‘e-tailing the dacumient(s) to’ the persons.at the
—~ -¢-mail address(és) listed based on:a.court order. ora agrécitient of the parties to accept
service by e-mail. No electronic message 'or other ‘indication-that the trahsmission.was
unsuccessful was received within a reasonable time after the transmission,
BY ELECTRONIC SERVICE VIA-FILE.& SERVEXPRESS. Baséd.on-a court order, 1
“caused the abovesentitled document(s) to be served through File-& ServeXpress:at
hetpsi//secure.fileandservexpress.cont addressed tovall parties. appearing on theelectronic:
service list: forthe above-entitled 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,
{declare under penalty of perjury that the foregoing is true-and correct. ‘Executed.on May
Z, 2046, at San Francisco, California
2
REQUEST FOR DISMISSAL OF DEFENDANT JAMES. PALMER ONEY s ERROR! NO TEXT OF SPECIFIEDSTYLE IN,
Ee DOCUMENT.
Preview
siancuiane “Unlimited Jurisdiction es oN Givit0 ATFORNEY OF | PARTY WITHOUT ATTORNEY [ame, State Bar number, ‘and address), FOR RCOURT USE ONLY Matthew:DD.. Davis (141986) ‘Walkup ‘Melodia Kelly & Schoenberger 650 California Stree 26h Floor San.Francisco; CA. § eet ¥ setenv 41 59817210 Fisk Geax 41 33OLEOOS “FILED ‘EMAIL ADDRESS (Orton ae Trornevforiminey Plaintiff Susan Braun ‘Superior Court of Californie, ee ‘COURT OF CALIFORNIA, COUNTY OF San Francisca County of San Francisco streeraopress: 400 McAllister Street 05/03/2016 coe Orn Shane onvasozecov: ‘San Francisco, CA 94102 7 Deputy Clerk PLAINTIFF/PETITIONER: Susan. Braun: DEFENDANTARESPONDENT! Zimmer, The,et al. REQUEST FOR DISMISSAL CASE NUMER CGC-14-541588 Aconformed. copy will nat be returned by the clerk unless-a method of return is provided with the document: glass-action. (Cal Rules of Court; rules:3.760-and 3.770.) This form may not be used for dismissal of a derivative action or a class action or of any party or cause of actian na = + TO THE CLERK: Please:disimiss this attich as follows: a: (1) (Cl Witt prejiidice 2) ELD Without prejutiice be) | Complaint @) C) Petition @) CD Cross-compiaint filed by:(name): (4) ] Cross-complaini fled by.(aame): 5) CQ Entire action of all parties and all causes of action on (date): on {date}: (6) X} other (specity:*-” Comiplaint as to: Defendant James Palmét ONLY 2. (Complete in-all cases éxceptiamily law cases:) ‘Tee'court: Cjaia Qoddid not waive court fees and casts for a party in this case..(This information tay he oblaiied fom thé clerk. if court fees and costs were waived, the: decieration:on the. back of this loon must be completed), Bate: May 3, 2016 o Matthew: D.. Davis... (Pe OR PRINT NigiE DF Attorney or party: without attorney for: [XY Piainiiti#Petitioner (2) BefendantResponitent : : C1]. Cross:Complainant 3. TO: THE CLERK: Cansent to the above dismissal is hereby given** Date; » YPEOR ParNane or CO]. -arrorney LJ. ranry.witriour attorney): AS1GNATURE] Attomey or party without attorney for: ite er rt (Family. Law) Seeking affirnatly é ee Sled eciani cess mena (Cy PlaintifPetitionar (1d DefendantRespontent Cd Croas-Complainant {Tobe comploted:by-clenk). a Dismissal entered -as'réquested on (date): 6 Dismissat entered ov (date): ‘as te ofly fname)? &: [CD Gismissatinot entered as retuestad for the follawwing reasons (specify): 7 & [E) -Atioiney of party without attomey notfied'on (data): b: [C] .Atlomey or party withoutattomey not notified: ‘Filing party failed to provide (2) acopytobeconfarmed [2] means to-return conformed:copy Date: Clerk: by Deputy *Sradioeecie areca REQUEST FOR’ DISMISSAL Cv, coum: gouty car hawker Sood ee eas ‘CMG [Rev-dan: $5 2083) win courE ba Bou Bratin-13196CN-110 PLAINTIFFIPETITIONER: Susan Braun CASE NONE: DEFENDANT/RESPONDENT: Zimmer, Inc., et al. CGC-14-541588 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, § 68637.) Declaration Concerning Waived Court Fees 1. The court waived fees and costs in this action for (name): 2. The parson in item 1 is (check one below): a. (2) not recovering anything of value by this action. b. (2) recovering less than $10,000 in value by this action. c. (2) recovering $10,000 or more in value by this action. (if item 2c is checked, item 3 must be completed.) 3. (2) Attcourt fees and costs that were waived in this action have been paid to the court (check one): Cl Yes CI No I declare under penalty of perjury under the taws of the State of California that the information above is true and correct. Date: » crvecorprintnawe or [_ arrorney CB parry mane oecaration (sianarurey Sethe eve 1 201 REQUEST FOR DISMISSAL Pogo zot2 Braun-13196Co on A HW FY HN A BBR = Oo 16 PROOF OF SERVICE (CCP 1013a, 2015.5) Iam 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): REQUEST FOR DISMISSAL OF DEFENDANT JAMES PALMER ONLY to: Linda tA, £54. Baker Daniels LLP oe 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. SI Sonja . Weissman, Esq. 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. Lindasvitak efa eget bd. com _X. BYMAIL. 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. I caused such document(s) to be delivered by Federal Express to the office of the person(s) listed above. BY FACSIMILE TRANSMISSION. I caused such document(s) to be delivered by facsimile transmission at or about on that date. This document was transmitted by using a facsimile machine that complies with California Rules of Court Rule 2003(3), telephone number (415) 391-6965. The transmission was reported as complete and without error. A copy of the transmission report, properly issued by the transmitting machine, is attached. The names and facsimile numbers of the person(s) are as set forth above. REQUEST FOR DISMISSAL OF DEFENDANT JAMES PALMER ONLY - CASE NO. CGC-14-541588CP MW OD om R w BY ELECTRONIC TRANSMISSION. By‘e-tailing the dacumient(s) to’ the persons.at the —~ -¢-mail address(és) listed based on:a.court order. ora agrécitient of the parties to accept service by e-mail. No electronic message 'or other ‘indication-that the trahsmission.was unsuccessful was received within a reasonable time after the transmission, BY ELECTRONIC SERVICE VIA-FILE.& SERVEXPRESS. Baséd.on-a court order, 1 “caused the abovesentitled document(s) to be served through File-& ServeXpress:at hetpsi//secure.fileandservexpress.cont addressed tovall parties. appearing on theelectronic: service list: forthe above-entitled 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, {declare under penalty of perjury that the foregoing is true-and correct. ‘Executed.on May Z, 2046, at San Francisco, California 2 REQUEST FOR DISMISSAL OF DEFENDANT JAMES. PALMER ONEY s ERROR! NO TEXT OF SPECIFIEDSTYLE IN, Ee DOCUMENT.