Motion,Ex Parte: WHITNEY LEEMAN PHD VS. NEWEGG, INC ET AL

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                                San Diego, CA 92101

Gordon & Rees LLP
101 W. Broadway Suite 2000

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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
11/16/2015
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
EX PARTE APPLICATION FOR

FIRST CONTINUANCE OF TRIAL
AND RELATED DATES

Plaintiff,

vs.
FILED CONCURRENTLY WITH:
1. Notice of Ex Parte Application
2. Memorandum of Points and
Authorities
3. Declaration of Brian Ledger in
Support of Ex Parte Application
4. [Proposed] Order

NEWEGG INC.; MAGNELL ASSOCIATE,
INC.; ROSEWILL, INC., and DOES 1-150,

Defendant.
Date: November 17, 2015

Time: 11:00 a.m.
Dept: 206

eee Se

Defendants NEWEGG, INC., MAGNELL ASSOCIATE, INC. and ROSEWILL, INC.
hereby apply ex parte for a 120-day continuance of the trial and trial-7related dates in the above-
captioned matter. This is the first time any party has requested a continuance of the January 19,

2016 trial and related dates. Plaintiff's counsel was given notice of this ex parte application

before 10:00 a.m. on November 16, 2015 (specifically, Plaintiff's counsel was given notice of

this ex parte application on November 12, 2015), which satisfies the notice requirements for an

ex parte application pursuant to California Rule of Court 3.1203.

This application is based on California Rules of Court 3.1201, et seq. (governing ex parte

applications), California Rule of Court 3.1332 (governing trial continuances), Local Rule 6.0,

-l-
EX PARTE APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND RELATED DATESGordon & Rees LLP
101 W. Broadway Suite 2000
San Diego, CA 92101

L1o1ss8/25763590v.1

notice of ex parte application, this ex parte application, memorandum of points and authorities in
support thereof, the Declaration of Brian Ledger and attached exhibit, and the records and files
herein and such other and further evidence and argument as the Court may consider at the
hearing on this application.

The pertinent background and legal authorities establishing good cause for this ex parte
application for 120-day continuance of trial and related dates are as set forth in the
accompanying memorandum of points and authorities and Declaration of Brian Ledger and
attached exhibits, which Defendants incorporate herein by reference as though set forth here in
full. For the reasons set forth in said accompanying documents, and for good cause shown
therein, Defendants respectfully request that the Court grant the ex parte application and continue

the trial and trial-related dates by a period of 120 days.

Dated: November 13, 2015 GORDON & REES LLP

By: = ZE Sz co Schuur

Brian M. Ledger

Attorney for Defendants NEWEGG,
INC., MAGNELL ASSOCIATE,
INC. and ROSEWILL, INC.

-2-
EX PARTE APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND RELATED DATESSan Diego, CA 92101

Gordon & Rees LLP
101 W. Broadway Suite 2000

NEGGi1 1018882183308 Iv.

PROOF OF SERVICE

Tama resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: Gordon & Rees LLP 101 W. Broadway Suite 2000,
San Diego, CA 92101. On November 13, 2015, I served the within documents:

1. EX PARTE APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND
RELATED DATES

2. NOTICE OF EX PARTE APPLICATION FOR FIRST CONTINUANCE OF
TRIAL AND RELATED DATES

3. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX
PARTE APPLICATION FOR 120-DAY CONTINUANCE OF THE TRIAL AND TRIAL-
RELATED DATES

4, DECLARATION OF BRIAN LEDGER IN SUPPORT OF EX PARTE
APPLICATION FOR FIRST CONTINUANCE OF TRIAL AND RELATED DATES
5. [PROPOSED] ORDER GRANTING EX PARTE APPLICATION FOR FIRST.
CONTINUANCE OF TRIAL AND RELATED DATES.

by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.

o by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in United States mail in the State of California addressed as set forth
below.

Oo by placing a true copy thereof enclosed in a sealed envelope, at a station designated
for collection and processing of envelopes and packages for overnight delivery by
FedEx as part of the ordinary business practices of Gordon & Rees LLP described
below, addressed as follows:

Brian C. Johnson
Josh Voorhees
The Chanler Group
2560 Ninth Street
Parker Plaza, Suite 214
Berkeley, California 94710-2565
Tel: 510-848-8880
Fax: 510-848-8118
Attorneys for Plaintiff WHITNEY R. LEEMAN, PH.D.

Tam readily familiar with the firm’s practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after the date of deposit for mailing in affidavit.

I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.

Executed on November 13, 2015 at San Diego, California.

Mase:

Maria GQnzale

i

Proof of Service