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San Diego, CA 92101
Gordon & Rees LLP
101 W. Broadway Suite 2000
w
wn
BRIAN M. LEDGER (SBN: 156942)
Email: bledger@gordonrees.com
GORDON & REES LLP
101 W. Broadway Suite 2000 ELECTRONICALLY
San Diego, CA 92101 FILED
Telephone: (619) 696-6700 Superior Court of California,
Facsimile: (619) 696-7124 County of San Francisco
11/19/2015
Attorneys for Defendants Clerk of the Court
NEWEGG, INC., MAGNELL ASSOCIATE, INC. and ROSEWILL, ING Shuey cork
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
WHITNEY R. LEEMAN, PH.D., CASE NO. CGC-14-542330
DECLARATION OF BRIAN
LEDGER IN SUPPORT OF EX
PARTE APPLICATION FOR FIRST
CONTINUANCE OF TRIAL AND
RELATED DATES, OR
ALTERNATIVELY, FOR ORDER
SHORTENING TIME ON MOTION
FOR CONTINUANCE OF TRIAL
AND RELATED DATES
Plaintiff,
vs.
NEWEGG INC.; MAGNELL ASSOCIATE,
INC.; ROSEWILL, INC., and DOES 1-150,
Defendant. FILED CONCURRENTLY WITH:
1. Notice of Ex Parte Application
2. Ex Parte Application
3. Memorandum of Points and
Authorities
4. [Proposed] Order
Date: November 20, 2015
Time: 11:00 a.m.
Dept: 206
eee
I, Brian Ledger, declare:
1. Tam attorney licensed to practice in the State of California. I am a partner of
Gordon & Rees LLP, attorneys of record for Defendants NEWEGG, INC., MAGNELL
ASSOCIATE, INC. and ROSEWILL, INC. (collectively, “Defendants”). This declaration is
made in support of Defendants’ ex parte application for a 120-day continuance of the trial and
trial-related deadlines in this action. Unless otherwise stated, I am familiar with the matters
-l-
DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST
CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER
SHORTENING TIMESan Diego, CA 92101
Gordon & Rees LLP
101 W. Broadway Suite 2000
w
wn
stated in this declaration and if called upon to do so, would competently testify thereto.
2. Plaintiff has sued Defendants under Proposition 65, alleging that defendants have
failed to adequately warn consumers of the alleged presence of di(2-ethylhexyl) phthalate
(“DEHP”) in vinyl/PVC cords and other components of headsets sold by Defendants in
California.
3. The trial in this case is currently scheduled for January 19, 2016. I will be
appearing as trial counsel for Defendants.
4. Tam also lead trial counsel in a matter that has a trial date of January 11, 2016, in
the matter of Andreas Vellios vs. UMSE, et al., Los Angeles Superior Court Case No.
BC434872, Judge Terry Green, presiding. That trial date cannot be moved, as the case is on the
brink of exceeding the five-year trial deadline under Code of Civil Procedure section 583.310.
The trial is estimated to last 20-25 court days. In addition, I am lead trial counsel in a matter
pending in the Court of Common Pleas, Philadelphia County, Pennsylvania, Louis Desorbo v.
United States Steel Corporation, et al., Case No. 03450, with a trial date of February 1, 2016.
Further, I am lead trial counsel in a matter pending in the United States District Court for the
Central District of California, Housing Authority of the City of Los Angeles v. PCC Technical
Industries, Inc., Case No. 2:11-cv-01626 FMO (CWx), with a trial date of February 9, 2016.
That trial is of a CERCLA action and is estimated to last 3-4 trial weeks, has already been
continued twice, and the court indicated at a recent hearing that there would be no further
continuances.
5. In addition to the conflict in trial dates in the foregoing matters, Defendants need
additional time in which to complete fact discovery and pursue settlement. Since Defendants
appeared in this action, counsel for Plaintiff and I have been engaged in efforts to resolve this
case informally, and I believe continued efforts in that regard may prove successful.
6. In the interest of efficiency, Defendants’ resources have been focused on
settlement rather than protracted litigation. For that reason, Defendants have necessary fact
discovery left to complete. In order to adequately prepare Defendants’ defense, and to prepare
-2-
DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST
CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER
SHORTENING TIMEGordon & Rees LLP
101 W. Broadway Suite 2000
San Diego, CA 92101
w
wn
experts for expert discovery, Defendants need additional time in which to complete fact
discovery, including written discovery (which was recently served on Plaintiff).
7. I believe 120 days will provide sufficient time in which to complete remaining
fact discovery, which is necessary both to prepare Defendants’ expert witness, and to adequately
complete trial preparations. Therefore, Defendants are requesting a 120-day continuance of the
trial and all trial-related deadlines (including all discovery cutoffs and the expert exchange
deadline).
8. Thave been in communication with counsel for Plaintiff and had been under the
impression we would be stipulating to a trial continuance, while settlement discussions continue.
However, I recently learned that Plaintiff's counsel will not stipulate, necessitating this ex parte
application. This application is being filed as soon as practicable after I learned Plaintiff's
counsel’s position regarding the stipulation.
9. This
s the first time any party has requested a continuance of the trial in this
action. No parties will be prejudiced by a continuance.
10. Expert witness designation is scheduled to take place on December 7, 2015.
Irreparable harm will result if this request is not considered on an ex parte basis, because
Defendants will have to disclose their experts without having had the opportunity to complete
needed fact discovery, which Defendants require not only in order to prepare their experts for
deposition, but also so they can adequately assess the scope of needed expert testimony.
11. Plaintiffs counsel received appropriate ex parte notice regarding this ex parte
application via a letter served on Plaintiff’s counsel by facsimile and email prior to 10:00 a.m. on
November 19, 2015. (A true and correct copy of said letter is attached as Exhibit A.) As of the
date this application is being filed with the Court, no party has indicated any intent to oppose.
12. [had previously notified Plaintiff's counsel on November 12, 2015, of my intent
to file an earlier ex parte application for continuance, and Plaintiff's counsel responded that they
would not oppose that application. Accordingly, it is my understanding that Plaintiff does not
oppose the request for 120-day continuance of the trial and trial-related dates.
3-
DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST
CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER
SHORTENING TIMESan Diego, CA 92101
Gordon & Rees LLP
101 W. Broadway Suite 2000
1101888/25818325y.1
28
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 19th day of November, 2015, in San Diego, California.
fe. oy
ZteaTabgsh
Brian Ledge
4.
DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST
CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER
SHORTENING TIMEEXHIBIT ABRIAN M. LEDGER GorRDONsREES.
BLEDGER@GORDONREES.COM
DIRECT DIAL: (619) 230-7729 SCULLY MANSUKHANI
ATTORNEYS AT LAW
101 W. BROADWAY
Surte 2000
‘SAN DiEGO, CA 92101
PHONE: (619) 696-6700
Fax: (619) 696-7124
\WWW.GORDONREES.COM
November 19, 2015
Via FAC 510) 848-8118] AND EMAIL,
Brian C. Johnson
Josh Voorhees
THE CHANLER GROUP
2560 Ninth Street
Berkeley, CA 94710-2565
Re: Whitney R. Leeman, Ph.D. vs. Newegg, Inc., et al.
San Francisco Superior Court, Case No.: CGC-14-542330
Dear Counsel:
Please take notice that on November 20, 2015, at 11:00 a.m., or as soon thereafter as the
matter may be heard in Department 206 of the San Francisco Superior Court, located at 400
McAllister St, San Francisco, CA 94102, we will appear on behalf of Defendants Newegg, Inc.,
Magnell Associate, Inc. and Rosewill, Inc., to apply ex parte for a 120-day continuance of the
trial and all trial-related deadlines, or alternatively, an order shortening time on a motion for 120-
day trial continuance, in the above-captioned matter. Please email me or Christopher Strunk
(cstrunk@gordonrees.com) to advise if you intend to appear at or oppose the application.
Sincerely,
GORDON & REES LLP
Ie
Brian M. Ledger
BML:mg
Ce: Christopher Strunk (via email)
1101888/25815674v.1
ALABAMA ¢ ARIZONA ¢ CALIFORNIA ¢ COLORADO ¢ CONNECTICUT # FLORIDA # GEORGIA ¢ ILLINOIS ¢ MARYLAND +
MASSACHUSETTS ¢ MISSOURI ¢ NEVADA ¢ NEW JERSEY # NEW YORK ¢ NORTH CAROLINA #¢ OREGON ¢
PENNSYLVANIA # SOUTH CAROLINA ¢ SOUTH DAKOTA ¢ TEXAS ¢ VIRGINIA ¢ WASHINGTON ¢ WASHINGTON, DCWoody Doolittle
From: Fax2Mail Powered by EasyLink Services
Sent: Thursday, November 19, 2015 9:59 AM
To: Woody Doolittle
Subject: Delivery Report
Attachments: sentfax--90771845.pdf
‘Attention Woody L Doolittle
Job Number 90771845
‘Sent By User F2M/49571116625
Entered Fax2Mail System 11/19 09:55
Report Generated 11/19 09:58
Billing Code 1101888
Subject
Page Count 2 (including cover sheet)
SUAS
Sent: 1 Errors: 0 Cancelled: 0
Total: 1 |
es ee ee a Cm
5108488118 SENT 11/19 09:58Woody Doolittle
From: Woody Doolittle
Sent: Thursday, November 19, 2015 9:54 AM
To: ‘Brian Johnson’
Cc: Christopher Strunk
Subject: Whitney R. Leeman, Ph.D. v. Newegg, Inc. - POS for discovery
Attachments: 2015-11-19 NEWEGG LTR TO PLFS COUNSEL RE EX PARTE APPLICATION.PDF
Dear Counsel,
Please see attached ex parte notice from Brian Ledger regarding the above-referenced matter.
WOODY L. DOOLITTLE | Secretarial Supervisor/Legal Secretary
GORDON & REES
SCULLY MANSUKHANI
101 W. Broadway, Suite 2000
San Diego, CA 92101
D: 619-230-7727 | P: 619-696-6700 | F: 619-696-7124
wdoolittle@gordonrees.com
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San Diego, CA 92101 Gordon & Rees LLP 101 W. Broadway Suite 2000 w wn BRIAN M. LEDGER (SBN: 156942) Email: bledger@gordonrees.com GORDON & REES LLP 101 W. Broadway Suite 2000 ELECTRONICALLY San Diego, CA 92101 FILED Telephone: (619) 696-6700 Superior Court of California, Facsimile: (619) 696-7124 County of San Francisco 11/19/2015 Attorneys for Defendants Clerk of the Court NEWEGG, INC., MAGNELL ASSOCIATE, INC. and ROSEWILL, ING Shuey cork SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO WHITNEY R. LEEMAN, PH.D., CASE NO. CGC-14-542330 DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER SHORTENING TIME ON MOTION FOR CONTINUANCE OF TRIAL AND RELATED DATES Plaintiff, vs. NEWEGG INC.; MAGNELL ASSOCIATE, INC.; ROSEWILL, INC., and DOES 1-150, Defendant. FILED CONCURRENTLY WITH: 1. Notice of Ex Parte Application 2. Ex Parte Application 3. Memorandum of Points and Authorities 4. [Proposed] Order Date: November 20, 2015 Time: 11:00 a.m. Dept: 206 eee I, Brian Ledger, declare: 1. Tam attorney licensed to practice in the State of California. I am a partner of Gordon & Rees LLP, attorneys of record for Defendants NEWEGG, INC., MAGNELL ASSOCIATE, INC. and ROSEWILL, INC. (collectively, “Defendants”). This declaration is made in support of Defendants’ ex parte application for a 120-day continuance of the trial and trial-related deadlines in this action. Unless otherwise stated, I am familiar with the matters -l- DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER SHORTENING TIMESan Diego, CA 92101 Gordon & Rees LLP 101 W. Broadway Suite 2000 w wn stated in this declaration and if called upon to do so, would competently testify thereto. 2. Plaintiff has sued Defendants under Proposition 65, alleging that defendants have failed to adequately warn consumers of the alleged presence of di(2-ethylhexyl) phthalate (“DEHP”) in vinyl/PVC cords and other components of headsets sold by Defendants in California. 3. The trial in this case is currently scheduled for January 19, 2016. I will be appearing as trial counsel for Defendants. 4. Tam also lead trial counsel in a matter that has a trial date of January 11, 2016, in the matter of Andreas Vellios vs. UMSE, et al., Los Angeles Superior Court Case No. BC434872, Judge Terry Green, presiding. That trial date cannot be moved, as the case is on the brink of exceeding the five-year trial deadline under Code of Civil Procedure section 583.310. The trial is estimated to last 20-25 court days. In addition, I am lead trial counsel in a matter pending in the Court of Common Pleas, Philadelphia County, Pennsylvania, Louis Desorbo v. United States Steel Corporation, et al., Case No. 03450, with a trial date of February 1, 2016. Further, I am lead trial counsel in a matter pending in the United States District Court for the Central District of California, Housing Authority of the City of Los Angeles v. PCC Technical Industries, Inc., Case No. 2:11-cv-01626 FMO (CWx), with a trial date of February 9, 2016. That trial is of a CERCLA action and is estimated to last 3-4 trial weeks, has already been continued twice, and the court indicated at a recent hearing that there would be no further continuances. 5. In addition to the conflict in trial dates in the foregoing matters, Defendants need additional time in which to complete fact discovery and pursue settlement. Since Defendants appeared in this action, counsel for Plaintiff and I have been engaged in efforts to resolve this case informally, and I believe continued efforts in that regard may prove successful. 6. In the interest of efficiency, Defendants’ resources have been focused on settlement rather than protracted litigation. For that reason, Defendants have necessary fact discovery left to complete. In order to adequately prepare Defendants’ defense, and to prepare -2- DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER SHORTENING TIMEGordon & Rees LLP 101 W. Broadway Suite 2000 San Diego, CA 92101 w wn experts for expert discovery, Defendants need additional time in which to complete fact discovery, including written discovery (which was recently served on Plaintiff). 7. I believe 120 days will provide sufficient time in which to complete remaining fact discovery, which is necessary both to prepare Defendants’ expert witness, and to adequately complete trial preparations. Therefore, Defendants are requesting a 120-day continuance of the trial and all trial-related deadlines (including all discovery cutoffs and the expert exchange deadline). 8. Thave been in communication with counsel for Plaintiff and had been under the impression we would be stipulating to a trial continuance, while settlement discussions continue. However, I recently learned that Plaintiff's counsel will not stipulate, necessitating this ex parte application. This application is being filed as soon as practicable after I learned Plaintiff's counsel’s position regarding the stipulation. 9. This s the first time any party has requested a continuance of the trial in this action. No parties will be prejudiced by a continuance. 10. Expert witness designation is scheduled to take place on December 7, 2015. Irreparable harm will result if this request is not considered on an ex parte basis, because Defendants will have to disclose their experts without having had the opportunity to complete needed fact discovery, which Defendants require not only in order to prepare their experts for deposition, but also so they can adequately assess the scope of needed expert testimony. 11. Plaintiffs counsel received appropriate ex parte notice regarding this ex parte application via a letter served on Plaintiff’s counsel by facsimile and email prior to 10:00 a.m. on November 19, 2015. (A true and correct copy of said letter is attached as Exhibit A.) As of the date this application is being filed with the Court, no party has indicated any intent to oppose. 12. [had previously notified Plaintiff's counsel on November 12, 2015, of my intent to file an earlier ex parte application for continuance, and Plaintiff's counsel responded that they would not oppose that application. Accordingly, it is my understanding that Plaintiff does not oppose the request for 120-day continuance of the trial and trial-related dates. 3- DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER SHORTENING TIMESan Diego, CA 92101 Gordon & Rees LLP 101 W. Broadway Suite 2000 1101888/25818325y.1 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 19th day of November, 2015, in San Diego, California. fe. oy ZteaTabgsh Brian Ledge 4. DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND RELATED DATES, OR ALTERNATIVELY, FOR ORDER SHORTENING TIMEEXHIBIT ABRIAN M. LEDGER GorRDONsREES. BLEDGER@GORDONREES.COM DIRECT DIAL: (619) 230-7729 SCULLY MANSUKHANI ATTORNEYS AT LAW 101 W. BROADWAY Surte 2000 ‘SAN DiEGO, CA 92101 PHONE: (619) 696-6700 Fax: (619) 696-7124 \WWW.GORDONREES.COM November 19, 2015 Via FAC 510) 848-8118] AND EMAIL, Brian C. Johnson Josh Voorhees THE CHANLER GROUP 2560 Ninth Street Berkeley, CA 94710-2565 Re: Whitney R. Leeman, Ph.D. vs. Newegg, Inc., et al. San Francisco Superior Court, Case No.: CGC-14-542330 Dear Counsel: Please take notice that on November 20, 2015, at 11:00 a.m., or as soon thereafter as the matter may be heard in Department 206 of the San Francisco Superior Court, located at 400 McAllister St, San Francisco, CA 94102, we will appear on behalf of Defendants Newegg, Inc., Magnell Associate, Inc. and Rosewill, Inc., to apply ex parte for a 120-day continuance of the trial and all trial-related deadlines, or alternatively, an order shortening time on a motion for 120- day trial continuance, in the above-captioned matter. Please email me or Christopher Strunk (cstrunk@gordonrees.com) to advise if you intend to appear at or oppose the application. Sincerely, GORDON & REES LLP Ie Brian M. Ledger BML:mg Ce: Christopher Strunk (via email) 1101888/25815674v.1 ALABAMA ¢ ARIZONA ¢ CALIFORNIA ¢ COLORADO ¢ CONNECTICUT # FLORIDA # GEORGIA ¢ ILLINOIS ¢ MARYLAND + MASSACHUSETTS ¢ MISSOURI ¢ NEVADA ¢ NEW JERSEY # NEW YORK ¢ NORTH CAROLINA #¢ OREGON ¢ PENNSYLVANIA # SOUTH CAROLINA ¢ SOUTH DAKOTA ¢ TEXAS ¢ VIRGINIA ¢ WASHINGTON ¢ WASHINGTON, DCWoody Doolittle From: Fax2Mail Powered by EasyLink Services Sent: Thursday, November 19, 2015 9:59 AM To: Woody Doolittle Subject: Delivery Report Attachments: sentfax--90771845.pdf ‘Attention Woody L Doolittle Job Number 90771845 ‘Sent By User F2M/49571116625 Entered Fax2Mail System 11/19 09:55 Report Generated 11/19 09:58 Billing Code 1101888 Subject Page Count 2 (including cover sheet) SUAS Sent: 1 Errors: 0 Cancelled: 0 Total: 1 | es ee ee a Cm 5108488118 SENT 11/19 09:58Woody Doolittle From: Woody Doolittle Sent: Thursday, November 19, 2015 9:54 AM To: ‘Brian Johnson’ Cc: Christopher Strunk Subject: Whitney R. Leeman, Ph.D. v. Newegg, Inc. - POS for discovery Attachments: 2015-11-19 NEWEGG LTR TO PLFS COUNSEL RE EX PARTE APPLICATION.PDF Dear Counsel, Please see attached ex parte notice from Brian Ledger regarding the above-referenced matter. WOODY L. DOOLITTLE | Secretarial Supervisor/Legal Secretary GORDON & REES SCULLY MANSUKHANI 101 W. Broadway, Suite 2000 San Diego, CA 92101 D: 619-230-7727 | P: 619-696-6700 | F: 619-696-7124 wdoolittle@gordonrees.com Alabama ¢ Arizona * California * Colorado * Connecticut Florida * Georgia Illinois * Maryland * Massachusetts * Missouri * Nevada * New Jersey * New York North Carolina * Ohio * Oregon * Pennsylvania * South Carolina * South Dakota Texas * Virginia « Washington * Washington, D.C. « West Virginia www.gordonrees.com