Order: BRUCE JAMES BERGER et al VS. AMEC CONSTRUCTION MANAGEMENT, INC et al

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                                ROBERT A. JONES (State Bar No. 107839)
robert jones@ogletreedeakins.com
CAROLYN B. HALL (State Bar No. 212311)

carolyn.hall@ogletreedeakins.com ELECTRONICALLY
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

Steuart Tower, Suite 1300 FILED
One Market Plaza

San Francisco, CA 94105 Seep ee nese
Telephone: 415.442.4810

Facsimile: 415.442.4870 08/25/ 2016
ROBERT R. ROGINSON (State Bar No. 185286) a come
robert.roginson@ogletreedeakins.com

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Deputy Clerk
400 South Hope Street, Suite 1200

Los Angeles, CA 90071

Telephone: 213.239.9800

Facsimile: 213.239.9045

Attorneys for Defendants/Respondents AMEC CONSTRUCTION
MANAGEMENT, INC. and AMEC ENVIRONMENTAL &
INFRASTRUCTURE, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE CITY AND COUNTY OF SAN FRANCISCO

BRUCE JAMES BERGER; KEVIN C. Case No. CPF-12-511817

CHURCHILL; CHARLES C, FRANCO;

EDWARD LEACH; WILLIAM WEST, III;
MARK WRIGHT and CHARLES A. PATRICK,

Plaintiffs/Petitioners,

vs.

AMEC CONSTRUCTION MANAGEMENT,
INC., AMEC ENVIRONOMENTAL &
INFRASTRUCTURE, INC., and CALIFORNIA
DEPARTMENT OF TRANSPORTATION,

Defendants/Respondents.

DECLARATION OF ROBERT R.
ROGINSON IN SUPPORT OF AMEC
CONSTRUCTION MANAGEMENT, INC.
AND AMEC ENVIRONMENTAL &
INFRASTRUCTURE, INC.’S OPPOSITION
TO MOTION FOR ORDER GRANTING
PREFERENCE AND SPECIALLY
SETTING CIVIL CASE FOR TRIAL

[Concurrently filed with Defendants’
Opposition to Motion Granting Preference and
Specially Setting Civil Case for Trial]

Hearing Date: | September 8, 2016

Time: 9:30 a.m.

Dept. 206

Judge: The Hon. John K. Stewart
Action Filed: January 11, 2012

Trial Date: None

Judge: Hon. Ernest H. Goldsmith
Dept.: 302

Case No. CPF-12-511817

DECLARATION OF ROBERT R. ROGINSON ISO DEFENDANTS/RESPONDENTS’ OPPOSITION TO
MOTION FOR ORDER GRANTING PREFERENCE AND SPECIALLY SETTING CIVIL CASE FOR TRIALDECLARATION OF ROBERT R. ROGINSON

I, Robert R. Roginson, declare and state as follows:

1 lam an attorney licensed to practice law before all courts of the State of California.
I am an attorney at the law firm Ogletree, Deakins, Nash, Smoak and Stewart, P.C., counsel for
Defendants/Respondents AMEC Construction Management, Inc. and AMEC Environmental &
Infrastructure, Inc. (collectively referred herein as “Amec”). I make this declaration in support of
Amec’s Opposition to Motion for Order Granting Preference and Specially Setting Civil Case for
Trial (“Motion”). The facts set forth herein are true of my own personal knowledge and, if called
upon to testify thereto, I could and would competently do so under oath.

2. Counsel for the California Department of Transportation (“CalTrans”) did not
consult with our office or seek to obtain Amec’s agreement to produce documents before making
its July 2015 settlement communication to Plaintiffs.

3. In September 2015, CalTrans informally requested documents from Amec which
CalTrans contended were necessary for completion of the settlement process, including certified
payroll records, In subsequent telephone conversations I had with CalTrans’ counsel, Richard
Mitchell, we conferred whether CalTrans already had in its possession the requested records and
that such records would be unduly burdensome for Amec to produce and would not be necessary or
relevant to the purported settlement efforts. No resolution was reached,

4. To date, neither Plaintiffs nor CalTrans have served any requests for production on

Defendants.

J declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct, and that this declaration was-exécuted_on this 25th day of August,
we 4

2016, at Los Angeles, California, Yo

26951113.1

1 Case No. CPF-12-511817

DECLARATION OF ROBERT R. ROGINSON ISO DEFENDANTS/RESPONDENTS’ OPPOSITION TO
MOTION FOR ORDER GRANTING PREFERENCE AND SPECIALLY SETTING CIVIL CASE FOR TRIAL IALa aw

PROOF OF SERVICE OVERNIGHT DELIVERY COURIER
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California; I am over the age of 18
years and not a party to this action. My business address is 400 S. Hope Street, Suite 1200, Los
Angeles, California 90071.

On August 25, 2016, I served the following document(s) described as:

DECLARATION OF ROBERT R. ROGINSON IN SUPPORT OF
AMEC CONSTRUCTION MANAGEMENT, INC. AND AMEC
ENVIRONMENTAL & INFRASTRUCTURE, INC.’S OPPOSITION
TO MOTION FOR ORDER GRANTING PREFERENCE AND
SPECIALLY SETTING CIVIL CASE FOR TRIAL
Xx by enclosing the documents in an envelope or package provided by an overnight delivery
carrier and addressed to the persons at the addresses as stated below:

Alan C. Davis Attorneys for Plaintiffs/Petitioners
Davis & Reno

22 Battery Street, Suite 800

San Francisco, CA 94111

Telephone: 415.274.8700

Facsimile: 415.274.8770

Email: aland3370@aol.com

Ronald W. Beals, Chief Counsel Attorneys for Defendant/Respondent
Jeanne Scherer, Deputy Chief Counsel People of the State of California,
Todd Van Santen, Assistant Chief Counsel Department of Transportation

State of California

1120 N Street (MS 57) P.O. Box 1438
Sacramento, CA 95812-1438
Telephone: 916.654.2630
Facsimile: 916.654.6128

{] BY FEDERAL EXPRESS*

(1 | BY EXPRESS MAIL (USPS)*
Cl sy *

I placed the envelope or package for collection and overnight delivery at an office or a
regularly utilized drop box of the overnight delivery carrier.

—] (State) ~—‘[ declare under penalty of perjury under the laws of the State of California that
the above is true and correct.

Executed on August 25, 2016, at Los Angeles, ee

Elizabeth Mendoza 4 sn abtal \buden—

Type or Print Name Signature

* (BY FEDERAL EXPRESS OR EXPRESS MAIL OR OTHER OVERNIGHT COURIER, SIGNATURE MUST BE OF PERSON
DEPOSITING ENVELOPE IN DROP BOX OR AT AN OFFICE OR GIVING TO AUTHORIZED COURIER/DRIVER)

1 Case No, CPF-12-511817
PROOF OF SERVICE