Preview
LAW OFFICE OF MICHAEL D. LIBERTY
-- --- -\..
MiChael D. Liberty (Bar No. 136088)
-
I/
1290 Howard Avenue, Suite 303 .
Burlingame, California 94010 '
ED
Telephone: (650) 685-8085 SAN MATEO COUNTY
mdlaw@pacbell.net
lllllllllllllllllllllllllllIll
Attorney for PLAINTIFF
Support
LUCKY STRIKE FARMS, INC. in
Declaration
cnvsasgu
331980
5"
ms
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO
UNLIMITED CIVIL CASE
LUCKY STRIKE FARMS, NC, a ) Case No. CIV 538914
10 California Corporation,
Liberty
)
303
) DECLARATION OF MICHAEL D. LIBERTY
D. Suite
94010
11 Plai ntiff’
Ave., CA
) IN SUPPORT OF MOTION TO COMPEL
Michael
650485-8085
v. ) DEPOSITION OF DEFENDANT ROBERT
of
12 BRUCE FOWLER AND REQUEST FOR
Office
Howard
Burlingame.
)
[290
ROBERT BRUCE FOWLER, AN ) SANCTIONS AGAINST MR. FOWLER AND
Law 13 INDIVIDUAL; HIS ATTORNEY JENNIFER NILES
_ )
and DOES 1 through 10, 1nclusive,
)
14
) DATE: FEBRUARY 10, 2017
Defendants '
) TIME: 9:00 AM
15 DEPT: LAW AND MOTION
TRIAL: APRIL 24, 2017
16
1, Michael D. Liberty, declare:
17
1. I am over 18 years of age and have personal knowledge of the facts set forth in this
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declaration and could competently testify to them if called as a witness. I am the. attorney for
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Plaintiff LUCKY STRIKE FARMS, INC. in this lawsuit.
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2. I make this declaration in support of plaintiff’s motion to compel ROBERT BRUCE
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FOWLER’s deposition and requests for sanctions against defendant ROBERT BRUCE FOWLER
22
and his attorney Jennifer Niles. I ask the court to order the deposition take place in Burlingame since
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Ms. Niles agreed the deposition would take place there.
24
DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL
25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR
SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES
1
3. Here is a history of this discovery dispute. On December 13, 2016, I wrote a meet and confer
letter to Ms. Niles, memorializing Mr. Fowler’s unwillingness to appear for deposition. My letter is
1
attached as Exhibit A.
4. On October 20, 2016 I confirmed a telephone conversation I had with Ms. Niles wherein we
agreed that Mr. Fowler would sit for deposition in my office in Burlingame on November 22, 2016 at
10:00 AM. We also agreed that Mr. Fowler would attend an early settlement conference on
Wednesday, November 23, 2016 at 1:30 PM in this courthouse. A true and correct copy of my email
is attached hereto as Exhibit B. (Ms. Niles emailed me Mr. Fowler’s early settlement conference
statement on December 8, 2016).
10 5. October 24, 2016 Ms. Niles confirmed that her client was available for deposition on
Liberty
303
94010
D. Suite
11 December 14, 2016 and available for the early settlement conference on December 15, 2016. A true
Ave“
CA
oI'Michael
650-685-8085
Howard
Burlingame,
12 and correct copy of her email is attached hereto as Exhibit C.
Office
1290
Law 13 6. On October 26, 2016 I had a telephone conversation with Ms. Niles wherein we agreed that
14 Mr. Fowler would sit for deposition in my office in Burlingame on December 14, 2016 at 10:00 AM.
15 We also agree in that telephone call that the next day, December 15, Mr. Fowler would attend an
16
early settlement conference in Redwood City. A true and correct copy of my October 26, 2016 e-
17
mail, and related emails, is attached hereto as Exhibit D.
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7. On November 3, 2016 the Honorable Judge Robert Foiles signed an order to appropriate
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dispute resolution in this case. The mediation was set up with Bernard Cotter for January 12, 2017.
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Ms. Niles indicated to me that her client would not appear at the mediation. A copy of the order is
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attached hereto as Exhibit E.
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8. This is nOt the first time that Mr. Fowler has failed to appear for his deposition. My in_itzfl
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notice 01 deposition called for Mr. Fowler to appear on October 14, 2016 in Phoenix, Arizona.
24
DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL
25
DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR
SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES
2
9. On September 15, 2016 I told Ms. Niles that I was making travel arrangements to Phoenix for
the deposition. That same day, Ms._Ni1es indicated that Mr. Fowler would not appear for his
deposition.
'
10. Next, after checking with Ms. Niles, I served a First Amendment notice of deposition calling
for Mr. Fowler to appear in Phoenix on November 7, 2016. On September 20, 2016 Ms. Niles
indicated that Mr. Fowler would not appear on November 7. Ms. Niles. indicated that Mr. Fowler
could appear for deposition any Monday after November 7.
11. I served a second amended deposition notice calling for Mr. Fowler to appear on November
14, 2016 in Phoenix. By email dated September 21, 2016 twenty-one, Ms. Niles indicated that
10 November 14 looked fine.
Liberty
303
94010
D.
11 if I could take the deposition of Mr. Fowler in my office in
Suite
12. .
Ms. Niles next asked me
Ave, CA
ofMichael
650-685-8085
Howard
Burlingame.
12 Burlingame. We agreed to his deposition in my office on December 14, 2016. The next day,
Office
1290
’13
Law
December 15, 2016, an early settlement conference was set in Redwood City for 1:30 PM. Itherefore
'14
served Ms. Niles with a third amended notice of deposition calling for Mr. Fowler. to appear on
15 December 14 in my office. The third amended notice of deposition is attached as Exhibit F.
16 13. On December 6, 2016 I hada telephone call with Ms. Niles. She indicated that Mr. Fowler
17
was suffering from anxiety and may not attend his duly noticed deposition on December 14 in
18
Burlingame. She also indicated that if Mr. Fowler did not attend his deposition, he would not attend
19
the early settlement conference set for December 15. Ms. Niles then hung up the phone on me and I
'20
memorialized our conversation in an e-mail. My December 6, 2016 email is attached hereto as
i
21
Exhibit G.
22
14. On Friday, December 9, 2016, Ms. Niles sent me an email indicating that Mr. Fowler would
23
not appear for his deposition on December 14 and would not appear for the early settlement
24
DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL
25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR
SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES
3
conference on December 15. Her December 9, 2016 email is attached hereto as Exhibit H.
15. Mr. Fowler failed to appear for his deposition on December 14, 2016. Ms. Niles indicated the
supposed reason for his non-appearance is that he was feeling anxiety, Moreover, Ms. Niles canceled
the December 15 early settlement conference in Redwood City.
16. On December 9, 2016 Ms. Niles sent an email to superior court clerk Alex Ortega unilaterally
taking off calendar the early settlement conference set for December 15, 2016 at 1:30 PM. Her
December. 9, 2016 email is attached hereto as Exhibit I.
17. On December 13, 2016 Ms. Niles set forth her position on the deposition of her client Mr.
Fowler. In particular, Ms. Niles indicated that she would provide dates for the availability of Mr.
10 Fowler deposition “soon”. To date, she has failed to do so. Her December 13, 2016 email is attached
Liberty
303
94010
D. Suite
11 hereto as Exhibit J.
Michael Ave.
CA
650-685-8085
of
12 18. On December 14, 2016 I reminded Ms. Niles via email that we had agreed pursuant to
Howard
Burlingame,
a
Office
1290
Law
13 telephone call of October 26, 2016 that Mr. Fowler would appear for deposition in Burlingame on
14 December 14, 2016 at 10:00 AM. A true and correct copy of my December 14 email is attached
15 hereto as Exhibit K.
16 19. On December 23, 2016 Ms. Niles sent me an email indicating she would send me potential
17
deposition dates for her client. To date, she has failed to do so. Her December 23, 2016 email is
18
attached hereto as Exhibit L.
19
20. On January 6, 2017 I had a telephone call with Ms. Niles. She indicated to me that her client
20
would not attend the court ordered mediation with Bernard Cotter on January 12, 2017. This was
21
after I have drafted a mediation brief and provided it to Mr. Cotter. I memorialize our telephone call
22
in an email dated January 6, 2017 a true and correct copy of which is attached hereto as Exhibit M
23
and again sent Ms. Niles the ADR order signed by Judge Foiles.
24
DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL
25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR
SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES
4
21. On January 9, 2017 Ms. Niles wrote a letter to mediator Bernard Cotter, unilaterally taking off
calendar the mediation scheduled for January 12, 2017. Her letter is attached hereto as Exhibit N.
22. Plaintiff seeks an order compelling defendant ROBERT BRUCE FOWLER to sit for his
deposition in Burlingame, as counsel agreed.
23. I request sanctions for fees and costs in the amount of $3728.25 for the time expended in
trying to compel Mr. Fowler to attend his deposition.
24. Plaintiff’s attorney’s fees and costs are set forth in the following chart:
Date Fee or Twe of Expense or Task Hourly Time Total
Exgense Rate
Incurred
10 8/26/16 Draft initial notice of deposition and $495 1.0 hours $495
Libeny 303
94010
requests for the production of documents to
D. Suite
11 Mr. Fowler
Michael
Ave, CA
650-6858085
of
12
Office
Howard
Burlingame,
9/19/16 Draft first amended complaint notice of $495 1.0 hours $495
1290 deposition called for Mr. Fowler to appear
Law 13
on November 7, 2016 in Phoenix, Arizona.
14
9/21/ 16 Draft Second amended notice of deposition $495 .75 hours $371.25
called for Mr. Fowler to appear on
15
November 7, 2016 in Phoenix, Arizona
16
10/20/ 16 Telephone conversation with Ms. Niles $495 .5 hours $247.50
17
wherein we agreed that Mr. Fowler would
sit for deposition in my office in
18 Burlingame on November 22, 2016 at
10:00 AM. We also agreed that Mr. Fowler
19 would attend an early settlement
conference on Wednesday, November 23,
20 2016 at 1:30 PM in this courthouse.
21 10/24/ 16 Review Ms. Niles email confirming that .1 hours $49.50
'
her client was available for deposition on
22 December 14, 2016 and available for the
early settlement conference on December
23 15, 2016
24
DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL
25
DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR
SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES
5
10/26/ 16 Telephone conversation with Ms. Niles $495 .25 hours $123.75
wherein we agreed that Mr. Fowler would
sit for deposition in my office in
Burlingame on December 14, 2016 at
10:00 AM; emails re same.
10/26/16 Draft third amended complaint notice of $495 .50 hours $247.50
deposition called for Mr. Fowler to appear
on December 14, 2016 in Liberty office in
Burlingame, California, per agreement
with counsel.
12/6/16 Telephone call with Ms. Niles. She $495 .25 hours $123.75
indicated that Mr. Fowler was suffering
from anxiety and may not attend his duly
noticed deposition on December 14 in
Burlingame. She also indicated that if Mr.
Fowler did not attend his deposition, he
10 would not attend the early settlement
Liberty
303
D.
Michael
Suite
Ave,
94010
CA
ll conference set for December 15. Ms. Niles
then hung up the phone on me and I
650-6858085
memorialized our conversation in an e-
of 12
Office
Howard
Burlingame,
mail.
1290 12/9/16 Review Ms. Niles email indicating Mr. $495 .1 hours $49.50
Law
13
Fowler would not appear for his deposition
on December 14 and would not appear for
14
the early settlement conference on
December 15, 2016.
15
12/13/16 Review Ms. Niles email set forth her $495 .1 hours $49.50
16
position on the deposition of her client Mr.
17
Fowler. In particular, Ms. Niles indicated
that she would provide dates for the
18 availability of Mr. Fowler deposition
“soon”. To date, she has failed to do so.
19
12/14/16 Email to Ms. Niles that we had agreed $495 .2 hours $99.00
20 pursuant to a telephone call of October 26,
2016 that Mr. Fowler would appear for
21 deposition in Burlingame on December 14,
2016 at 10:00 AM.
22
12/23/16 Review Ms. Niles indicating she would $495 .1 hours $49.50
23 send me potential deposition dates for her
client. To date, she has failed to do so.
24
DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL
25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR
SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES
6
1/9/17 Draft motion to compel Mr. Fowler $495 3.1 1534.50
deposition; notice, memorandum of points
and authorities; Liberty Declaration with
exhibits.
Tba Filing fee $60 Na $60
Tba Court reporter fee $30 Na $30
Tba Review opposition papers, draft reply $495 3 hours $1485
brief; attend court hearing on motion to (estimated)
compel (estimated).
TOTAL FEES $3728.25
AND COSTS:
10
Liberty
303
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
94010
D. Suite
11
Michael
Ave, CA
and correct to the best of my knowledge and belief. Executed this 13‘h day of January, 2017 at
650-685-8085
of
Howard
12
Office
Burlingame,
Burlingame, California.
[290
Law
13
14
15 Michael D. Liberty
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DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL
25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWL R AND REQUEST FOR
SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES
7
LAW OFFICE OF MICHAEL D. LIBERTY
1290 Howard Ave, Shite 303
Burlingame, California 94010
Telephone: (650) 685-8085
Facsimile: (650) 685-8086
mdlaw@pacbell.net
December 13, 2016
Jennifer A. Niles VIA EMAIL ONLY
LAW OFFICE OF MARION QUESENBERY
2625 Alcatraz Ave. #514
Berkeley, CA 94705
Re: Lucky Strike Farms v. Robert Bruce Fowler
San Mateo Superior Case CIV 538914
Dear Ms. Niles:
This is a meet and confer letter to avoid bringing a motion to compel the deposition of your
client, Robert Bruce Fowler.
As you know, Mr. Fowler failed to appear for his deposition on December 14, 2016. You
indicated the supposed reason for his non-appearance is that lie was feeling anxiety. Moreover,
you canceled the December 15 early settlement conference in Redwood City. This is not
acceptable.
This is not the first time that Mr. Fowler has failed to appear for his deposition. Our initial notice
of deposition called for Mr. Fowler to appear on October 14, 2016 in Phoenix, Arizona. On
September 15, 2016 I told you that I was making travel arrangements to Phoenix for the
deposition. That same day, you indicated that Mr. Fowler would not appear for his deposition.
Next, after checking with you, I served a First Amendment notice of deposition calling for Mr.
Feller to appear in Phoenix on November 7, 2016. On September 20, 2016 you indicated that
Mr. Fowler would not appear on November 7. You indicated that Mr. Fowler could appear for
deposition any Monday after November 7.
I served a second amended deposition notice calling for Mr. Fowler to appear on November 14,
2016 in Phoenix. By email dated September 21, 2016 twenty—one, you indicated that November
14 looked fine.
You next asked me il’I could take the deposition of Mr. Fowler in my office in Burlingame. We
agreed to his deposition in my office on December 14, 2016. The next day, December 15, 2016,
an early settlement conference was set in Redwood City for 1:30 PM. I therefore sewed you with
Jennifer Niles
December 13, 2016
Page 2
a third amended notice of deposition calling for Mr. Fowler to appear on December 14 in my
office.
On Friday, December 9, 2016, you sent me an email indicating that Mr. Fowler would not appear
for his deposition on December 14 and would not appear for the early settlement conference on
December 15.
I am perplexed and frustrated.
As you know, the service of a notice of deposition requires a party to appear without a subpoena.
Code of Civil Procedure section 2025 .280(a)
If the party fails to appear for deposition, a motion to compel may be filed and monetary
sanctions imposed. Code of Civil Procedure section 2025.450(‘g)
If I am forced to file a motion to compel Mr. Fowler’s deposition, and I prevail, I will seek
sanctions against both Mr. Fowler and your law firm. Code of Civil Procedure section
20.25.4800)
Kindly provide me dates of availability for you and Mr. Fowler for his deposition in January. I
willbe filing my motion to compel shortly. If I am lucky enough to take Mr. Fowler’s deposition
before the hearing date, 1 will take the motion off calendar. look forward to your prompt reply.
1
Thank you.
truly yo irs,
Vem
Michael D. Liber
MDL:
cc: client
Michael D. Liberty
From: Michael D. Liberty
Sent: Thursday, October 20, 2016 1:21 PM
To: 'Jennifer@QuesenberyLaw.com'
Subject: RE: Lucky Strike v. Fowler CMC
My client and l are available for the ESC on November 23 at 1:30
PLMK the judge’s name
Here is what we today discussed:
1. You are filing a motion forjudgment on the pleadings; you will try to set it for hearing on November 7 or 9
(those are my only available dates for that week)
2. Mr. Fowler will sit for deposition in my office the day before the ESC, on November 22 at 10 am
3. Counsel and clients will attend the ESC in person on Wednesday November 23 at 1:30 pm in the Redwood City
courthouse .
4. Meanwhile, you and will continue to try to settle the case
I
Kindly confirm asap .
Law Office of Michael D. Liberty
1290 Howard Avenue, Suite 303
Burlingame, CA 94010
Tel: 650.685.8085
Fax: 650. 685.8086
Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. if you have received this communication
in error, please notify us immediately by telephone at 650.685.8085. Thank you.
From: Jennifer@QuesenberyLaw. com [mailtoz Jennifer@QuesenberyLaw. com]
Sent: Friday, October 14, 2016 12: 22 PM
To: 'Michael D. Liberty'
Subject: RE: Lucky Strike v. Fowler CMC
Hi Mike,
As explained on the phone this morning, we submitted the financial aid application yesterday and the clerk said they
I
will send out a letter early next week re determination. will contact you as soon as receive it so we can select a
I I
mediator. Also, the following dates and times are available to us for an early settlement conference:
11/15 at 9:30
11/17 at 9:30 _
11/18 at 1:30 _’
11/23 at 1:30
11/30 at 9:30 or 1:30
Iwould prefer a 1:30 conference so Lil'dL can avoid crossing the bridge in the morning. Please let me know as soon as
I
possible what date and time works for you so that can get back to the clerk before it is taken. Thank you. Jennifer
I
Jennifer A. Niles
Attorney
LAW OFFICE OF MARION QUESENBERY
2625 Alcatraz Ave. #5 l 4
Berkeley, CA 94705
Telephone: 510-705-8894
Fax: 510-843-1716
E—mail: iennifer@quesenbervlaw.com
Website: wwwquesenberylawcom
From: Michael D. Liberty [mailtozmdlaw@pacbell.net]
Sent: Friday, October 14, 2016 11:09 AM
To: Jennifer@QuesenberyLaw.com
Subject: RE: Lucky Strike v. Fowler CMC
Jennifer
ljust received a letter from the court reminding us of our deadlines
Where are you on
1. Fowler Financial Aid
2. Selecting a mediator
PLMK promptly
Mike
Law Office of Michael D. Liberty
1290 Howard Avenue, Suite 303
Burlingame, CA 94010
Tel: 650.685.8085
Fax: 650. 685.8086
Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. If you have received this communication
in error, please notify us immediately by telephone at 650.685.8085. Thank you.
From: Jennifer@QuesenberyLaw.com [mailto:Jennifer@QuesenbervLaw.com]
Sent: Tuesday, October 11, 2016 2:14 PM
To: 'Michael D. Liberty'
Subject: RE: Lucky Strike v. Fowler CMC
Thanks Mike. I will get back to you as soon as we know about the financial aid. Jennifer
From: Michael D. Liberty lmailto:mdlaw@pacbell.net]
Sent: Thursday, October 6, 2016 10:45 AM
To: Jennifer@QuesenberyLaw.com
Subject: RE: Lucky Strike v. Fowler CMC
Jennifer
At today’s cmc, Judge Foiles set trial for April 24, 2017
He also ordered us to mediation
You indicated you would be seeking a fee waiver for the mediation for Mr. Fowler
Your application is due October 13
Please let me know asap the status of this
Our stipulation to Mediation, with date of mediation and name of mediator is due October 27
Ihave reviewed the ADR panel and attach my list of acceptable mediators, marked in red
My selection took into account location and price, generally
Take a look and let me have your thoughts
We need to move on this quickly
Mike
Law Office of Michael D. Liberty
1290 Howard Avenue, Suite 303
Burlingame, CA 94010
Tel: 650.685.8085
Fax: 650. 685.8086
Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. if you have received this communication
in error, please notify us immediately by telephone at 650.685.8085. Thank you.
From: Jennifer@QuesenberyLaw.com [mailto:Jennifer@QuesenbervLaw.com]
Sent: Saturday, September 24, 2016 12:24 PM
To: 'Michael D. Liberty'
Subject: Lucky Strike v. Fowler CMC
Hello Mike,
Attached is the notice of my intent to telephonically appear at the CMC. Jennifer
Jennifer A. Niles
Attorney
LAW OFFICE OF MARION QUESENBERY
2625 Alcatraz Ave. #514
Berkeley, CA 94705
Telephone: 510-705-8894
Fax: 510-843-1716
E-mail: iennilbrféji'uucsenberylaw.com
Website: www.ciuesonbcrylawcom
Michael D. Liberty
From: Michael D. Liberty
Sent: Monday, October 24, 2016 5:15 PM
To: 'Jennifer@QuesenberyLaw.com'
Subject: RE: ESC date
lust heard back from my client
Fowler Depo December 14 at 10 am in my office in Burlingame ' '
EarlySettlement conference December 15 at 1:30M
H I I h
V '
Please confirm '
Mike
Law Office of Michael D. Liberty
1290 Howard Avenue, Suite 303
Burlingame, CA 94010
Tel: 650.685.8085
Fax: 650. 685.8086
Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. If you have received this communication
in error, pleasenotify us immediately by telephone at 650.685.8085. Thank you. ‘
From: Jennifer@QuesenberyLaw.com [mailto2Jennifer@QuesenberyLaw.com]
Sent: Monday, October 24, 2016 2:07 PM
To: ’Michael D._ Liberty‘
Subject: ESC date
HiMike, ldidn’t have the calendar in from of me when l sent you the email re the ESC. __It looks like the 15‘h is the only
_ day that Would work with having the depothe day before. am checking with Bruce re his availability. Jennifer
I
Jennifer A. Niles
Attorney
LAW OFFICE OF MARION QUESENBERY
2625 Alcatraz Ave. #514
Berkeley, CA 94705
Telephone: 510-705~8 894
Fax: 510-843-1716
E-mail: ienniferQDqucsenberylawcom
Website: www.quesenberylawcom
Michael D. Liberty
— -
From: Michael D. Liberty
Sent: Wednesday, October 26, 2016 2:34 PM
To: 'Jennifer@QuesenberyLaw.com'
Subject: RE: ESC date, depo of Mr. Fowler and mediation
Attachments: Third Depo notice to Fowler.pdf
DEPOSITION 0F MR. FOWLER
Here Is the 3d amended notice of depo and requests for the production of documents to Mr. Fowler
As we today agreed, he will appear and sit for deposition In my office on December 14 at 10 am
EARLY MANDATORY SETTLEMENT CONFERENCE
The next day, December 15, we have an early msc in Redwood City at 1:30 pm
MEDlATiON
Kindly forward me your signed stip to ”mediation with Mr. Cotter for January 12, 2017
Thank you
Law Office of Michael D. Liberty
1290 Howard Avenue, Suite 303
Buriingame, CA 94010
Tel: 650.685.8085
Fax: 650. 685.8086
Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. if you have received this communication
in error, please notify us immediately by telephone at 650.685.8085. Thank you.
From: Jennifer@QuesenberyLaw.com [mailto:Jennifer@QuesenberyLaw.com]
Sent: Wednesday, October 26, 2016 12:17 PM
To: 'Michael D. Liberty'
Subject: RE: ESC date
How about Kevin Tully?
From: Michael D. Liberty [mailtozmdlaw@pacbeil.net]
Sent: Wednesday, October 26, 2016 11:53 AM
'
To: Jennifer@QuesenberyL_aw.com
'
Subject: RE: ESC date
Oops
My client has a conflict with Bonnie Miller
How bout
Law Office of Michael D. Liberty
1290 Howard Avenue, Suite 303
Burlingame, CA 94010
Tel: 650.685.8085
Fax: 650. 685.8086
Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. If you have received this communication
in error, please notify us immediately by telephone at 650.685.8085. Thank you.
From: .lennifer@O.uesenberyLaw.com [mailto:Jennifer@QuesenbervLaw.coml
Sent: Wednesday, October 26, 2016 11:13 AM
To: 'Michael D. Liberty'
Subject: RE: ESC date
Hello Mike,
My email is back up and running. spoke with the clerk this morning and confirmed the
I_
ESC for December 15‘h at
1:30. She will send out the notices. Have you heard back from Gesher? Jennifer
From: Michael D. Liberty [mailtozmdiaw@pacbellnet]
Sent: Tuesday, October 25, 2016 10:53 AM
To: Jennifer@Quesenb<—zryLaw.com
Subject: RE: ESC date
Still waiting for your confirmation
Also waiting for your agreement on mediators...
Mike
L
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LAW OFFICE OF MICHAEL D. LIBERTY -- --- -\.. MiChael D. Liberty (Bar No. 136088) - I/ 1290 Howard Avenue, Suite 303 . Burlingame, California 94010 ' ED Telephone: (650) 685-8085 SAN MATEO COUNTY mdlaw@pacbell.net lllllllllllllllllllllllllllIll Attorney for PLAINTIFF Support LUCKY STRIKE FARMS, INC. in Declaration cnvsasgu 331980 5" ms .' i: | | \ SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO UNLIMITED CIVIL CASE LUCKY STRIKE FARMS, NC, a ) Case No. CIV 538914 10 California Corporation, Liberty ) 303 ) DECLARATION OF MICHAEL D. LIBERTY D. Suite 94010 11 Plai ntiff’ Ave., CA ) IN SUPPORT OF MOTION TO COMPEL Michael 650485-8085 v. ) DEPOSITION OF DEFENDANT ROBERT of 12 BRUCE FOWLER AND REQUEST FOR Office Howard Burlingame. ) [290 ROBERT BRUCE FOWLER, AN ) SANCTIONS AGAINST MR. FOWLER AND Law 13 INDIVIDUAL; HIS ATTORNEY JENNIFER NILES _ ) and DOES 1 through 10, 1nclusive, ) 14 ) DATE: FEBRUARY 10, 2017 Defendants ' ) TIME: 9:00 AM 15 DEPT: LAW AND MOTION TRIAL: APRIL 24, 2017 16 1, Michael D. Liberty, declare: 17 1. I am over 18 years of age and have personal knowledge of the facts set forth in this 18 declaration and could competently testify to them if called as a witness. I am the. attorney for 19 Plaintiff LUCKY STRIKE FARMS, INC. in this lawsuit. 20 2. I make this declaration in support of plaintiff’s motion to compel ROBERT BRUCE 21 FOWLER’s deposition and requests for sanctions against defendant ROBERT BRUCE FOWLER 22 and his attorney Jennifer Niles. I ask the court to order the deposition take place in Burlingame since 23 Ms. Niles agreed the deposition would take place there. 24 DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL 25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES 1 3. Here is a history of this discovery dispute. On December 13, 2016, I wrote a meet and confer letter to Ms. Niles, memorializing Mr. Fowler’s unwillingness to appear for deposition. My letter is 1 attached as Exhibit A. 4. On October 20, 2016 I confirmed a telephone conversation I had with Ms. Niles wherein we agreed that Mr. Fowler would sit for deposition in my office in Burlingame on November 22, 2016 at 10:00 AM. We also agreed that Mr. Fowler would attend an early settlement conference on Wednesday, November 23, 2016 at 1:30 PM in this courthouse. A true and correct copy of my email is attached hereto as Exhibit B. (Ms. Niles emailed me Mr. Fowler’s early settlement conference statement on December 8, 2016). 10 5. October 24, 2016 Ms. Niles confirmed that her client was available for deposition on Liberty 303 94010 D. Suite 11 December 14, 2016 and available for the early settlement conference on December 15, 2016. A true Ave“ CA oI'Michael 650-685-8085 Howard Burlingame, 12 and correct copy of her email is attached hereto as Exhibit C. Office 1290 Law 13 6. On October 26, 2016 I had a telephone conversation with Ms. Niles wherein we agreed that 14 Mr. Fowler would sit for deposition in my office in Burlingame on December 14, 2016 at 10:00 AM. 15 We also agree in that telephone call that the next day, December 15, Mr. Fowler would attend an 16 early settlement conference in Redwood City. A true and correct copy of my October 26, 2016 e- 17 mail, and related emails, is attached hereto as Exhibit D. 18 7. On November 3, 2016 the Honorable Judge Robert Foiles signed an order to appropriate 19 dispute resolution in this case. The mediation was set up with Bernard Cotter for January 12, 2017. 20 Ms. Niles indicated to me that her client would not appear at the mediation. A copy of the order is 21 attached hereto as Exhibit E. 22 8. This is nOt the first time that Mr. Fowler has failed to appear for his deposition. My in_itzfl 23 notice 01 deposition called for Mr. Fowler to appear on October 14, 2016 in Phoenix, Arizona. 24 DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL 25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES 2 9. On September 15, 2016 I told Ms. Niles that I was making travel arrangements to Phoenix for the deposition. That same day, Ms._Ni1es indicated that Mr. Fowler would not appear for his deposition. ' 10. Next, after checking with Ms. Niles, I served a First Amendment notice of deposition calling for Mr. Fowler to appear in Phoenix on November 7, 2016. On September 20, 2016 Ms. Niles indicated that Mr. Fowler would not appear on November 7. Ms. Niles. indicated that Mr. Fowler could appear for deposition any Monday after November 7. 11. I served a second amended deposition notice calling for Mr. Fowler to appear on November 14, 2016 in Phoenix. By email dated September 21, 2016 twenty-one, Ms. Niles indicated that 10 November 14 looked fine. Liberty 303 94010 D. 11 if I could take the deposition of Mr. Fowler in my office in Suite 12. . Ms. Niles next asked me Ave, CA ofMichael 650-685-8085 Howard Burlingame. 12 Burlingame. We agreed to his deposition in my office on December 14, 2016. The next day, Office 1290 ’13 Law December 15, 2016, an early settlement conference was set in Redwood City for 1:30 PM. Itherefore '14 served Ms. Niles with a third amended notice of deposition calling for Mr. Fowler. to appear on 15 December 14 in my office. The third amended notice of deposition is attached as Exhibit F. 16 13. On December 6, 2016 I hada telephone call with Ms. Niles. She indicated that Mr. Fowler 17 was suffering from anxiety and may not attend his duly noticed deposition on December 14 in 18 Burlingame. She also indicated that if Mr. Fowler did not attend his deposition, he would not attend 19 the early settlement conference set for December 15. Ms. Niles then hung up the phone on me and I '20 memorialized our conversation in an e-mail. My December 6, 2016 email is attached hereto as i 21 Exhibit G. 22 14. On Friday, December 9, 2016, Ms. Niles sent me an email indicating that Mr. Fowler would 23 not appear for his deposition on December 14 and would not appear for the early settlement 24 DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL 25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES 3 conference on December 15. Her December 9, 2016 email is attached hereto as Exhibit H. 15. Mr. Fowler failed to appear for his deposition on December 14, 2016. Ms. Niles indicated the supposed reason for his non-appearance is that he was feeling anxiety, Moreover, Ms. Niles canceled the December 15 early settlement conference in Redwood City. 16. On December 9, 2016 Ms. Niles sent an email to superior court clerk Alex Ortega unilaterally taking off calendar the early settlement conference set for December 15, 2016 at 1:30 PM. Her December. 9, 2016 email is attached hereto as Exhibit I. 17. On December 13, 2016 Ms. Niles set forth her position on the deposition of her client Mr. Fowler. In particular, Ms. Niles indicated that she would provide dates for the availability of Mr. 10 Fowler deposition “soon”. To date, she has failed to do so. Her December 13, 2016 email is attached Liberty 303 94010 D. Suite 11 hereto as Exhibit J. Michael Ave. CA 650-685-8085 of 12 18. On December 14, 2016 I reminded Ms. Niles via email that we had agreed pursuant to Howard Burlingame, a Office 1290 Law 13 telephone call of October 26, 2016 that Mr. Fowler would appear for deposition in Burlingame on 14 December 14, 2016 at 10:00 AM. A true and correct copy of my December 14 email is attached 15 hereto as Exhibit K. 16 19. On December 23, 2016 Ms. Niles sent me an email indicating she would send me potential 17 deposition dates for her client. To date, she has failed to do so. Her December 23, 2016 email is 18 attached hereto as Exhibit L. 19 20. On January 6, 2017 I had a telephone call with Ms. Niles. She indicated to me that her client 20 would not attend the court ordered mediation with Bernard Cotter on January 12, 2017. This was 21 after I have drafted a mediation brief and provided it to Mr. Cotter. I memorialize our telephone call 22 in an email dated January 6, 2017 a true and correct copy of which is attached hereto as Exhibit M 23 and again sent Ms. Niles the ADR order signed by Judge Foiles. 24 DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL 25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES 4 21. On January 9, 2017 Ms. Niles wrote a letter to mediator Bernard Cotter, unilaterally taking off calendar the mediation scheduled for January 12, 2017. Her letter is attached hereto as Exhibit N. 22. Plaintiff seeks an order compelling defendant ROBERT BRUCE FOWLER to sit for his deposition in Burlingame, as counsel agreed. 23. I request sanctions for fees and costs in the amount of $3728.25 for the time expended in trying to compel Mr. Fowler to attend his deposition. 24. Plaintiff’s attorney’s fees and costs are set forth in the following chart: Date Fee or Twe of Expense or Task Hourly Time Total Exgense Rate Incurred 10 8/26/16 Draft initial notice of deposition and $495 1.0 hours $495 Libeny 303 94010 requests for the production of documents to D. Suite 11 Mr. Fowler Michael Ave, CA 650-6858085 of 12 Office Howard Burlingame, 9/19/16 Draft first amended complaint notice of $495 1.0 hours $495 1290 deposition called for Mr. Fowler to appear Law 13 on November 7, 2016 in Phoenix, Arizona. 14 9/21/ 16 Draft Second amended notice of deposition $495 .75 hours $371.25 called for Mr. Fowler to appear on 15 November 7, 2016 in Phoenix, Arizona 16 10/20/ 16 Telephone conversation with Ms. Niles $495 .5 hours $247.50 17 wherein we agreed that Mr. Fowler would sit for deposition in my office in 18 Burlingame on November 22, 2016 at 10:00 AM. We also agreed that Mr. Fowler 19 would attend an early settlement conference on Wednesday, November 23, 20 2016 at 1:30 PM in this courthouse. 21 10/24/ 16 Review Ms. Niles email confirming that .1 hours $49.50 ' her client was available for deposition on 22 December 14, 2016 and available for the early settlement conference on December 23 15, 2016 24 DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL 25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES 5 10/26/ 16 Telephone conversation with Ms. Niles $495 .25 hours $123.75 wherein we agreed that Mr. Fowler would sit for deposition in my office in Burlingame on December 14, 2016 at 10:00 AM; emails re same. 10/26/16 Draft third amended complaint notice of $495 .50 hours $247.50 deposition called for Mr. Fowler to appear on December 14, 2016 in Liberty office in Burlingame, California, per agreement with counsel. 12/6/16 Telephone call with Ms. Niles. She $495 .25 hours $123.75 indicated that Mr. Fowler was suffering from anxiety and may not attend his duly noticed deposition on December 14 in Burlingame. She also indicated that if Mr. Fowler did not attend his deposition, he 10 would not attend the early settlement Liberty 303 D. Michael Suite Ave, 94010 CA ll conference set for December 15. Ms. Niles then hung up the phone on me and I 650-6858085 memorialized our conversation in an e- of 12 Office Howard Burlingame, mail. 1290 12/9/16 Review Ms. Niles email indicating Mr. $495 .1 hours $49.50 Law 13 Fowler would not appear for his deposition on December 14 and would not appear for 14 the early settlement conference on December 15, 2016. 15 12/13/16 Review Ms. Niles email set forth her $495 .1 hours $49.50 16 position on the deposition of her client Mr. 17 Fowler. In particular, Ms. Niles indicated that she would provide dates for the 18 availability of Mr. Fowler deposition “soon”. To date, she has failed to do so. 19 12/14/16 Email to Ms. Niles that we had agreed $495 .2 hours $99.00 20 pursuant to a telephone call of October 26, 2016 that Mr. Fowler would appear for 21 deposition in Burlingame on December 14, 2016 at 10:00 AM. 22 12/23/16 Review Ms. Niles indicating she would $495 .1 hours $49.50 23 send me potential deposition dates for her client. To date, she has failed to do so. 24 DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL 25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWLER AND REQUEST FOR SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES 6 1/9/17 Draft motion to compel Mr. Fowler $495 3.1 1534.50 deposition; notice, memorandum of points and authorities; Liberty Declaration with exhibits. Tba Filing fee $60 Na $60 Tba Court reporter fee $30 Na $30 Tba Review opposition papers, draft reply $495 3 hours $1485 brief; attend court hearing on motion to (estimated) compel (estimated). TOTAL FEES $3728.25 AND COSTS: 10 Liberty 303 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 94010 D. Suite 11 Michael Ave, CA and correct to the best of my knowledge and belief. Executed this 13‘h day of January, 2017 at 650-685-8085 of Howard 12 Office Burlingame, Burlingame, California. [290 Law 13 14 15 Michael D. Liberty 16 17 18 19 20 21 22 23 24 DECLARATION OF MICHAEL D. LIBERTY IN SUPPORT OF MOTION TO COMPEL 25 DEPOSITION OF DEFENDANT ROBERT BRUCE FOWL R AND REQUEST FOR SANCTIONS AGAINST MR. FOWLER AND HIS ATTORNEY JENNIFER NILES 7 LAW OFFICE OF MICHAEL D. LIBERTY 1290 Howard Ave, Shite 303 Burlingame, California 94010 Telephone: (650) 685-8085 Facsimile: (650) 685-8086 mdlaw@pacbell.net December 13, 2016 Jennifer A. Niles VIA EMAIL ONLY LAW OFFICE OF MARION QUESENBERY 2625 Alcatraz Ave. #514 Berkeley, CA 94705 Re: Lucky Strike Farms v. Robert Bruce Fowler San Mateo Superior Case CIV 538914 Dear Ms. Niles: This is a meet and confer letter to avoid bringing a motion to compel the deposition of your client, Robert Bruce Fowler. As you know, Mr. Fowler failed to appear for his deposition on December 14, 2016. You indicated the supposed reason for his non-appearance is that lie was feeling anxiety. Moreover, you canceled the December 15 early settlement conference in Redwood City. This is not acceptable. This is not the first time that Mr. Fowler has failed to appear for his deposition. Our initial notice of deposition called for Mr. Fowler to appear on October 14, 2016 in Phoenix, Arizona. On September 15, 2016 I told you that I was making travel arrangements to Phoenix for the deposition. That same day, you indicated that Mr. Fowler would not appear for his deposition. Next, after checking with you, I served a First Amendment notice of deposition calling for Mr. Feller to appear in Phoenix on November 7, 2016. On September 20, 2016 you indicated that Mr. Fowler would not appear on November 7. You indicated that Mr. Fowler could appear for deposition any Monday after November 7. I served a second amended deposition notice calling for Mr. Fowler to appear on November 14, 2016 in Phoenix. By email dated September 21, 2016 twenty—one, you indicated that November 14 looked fine. You next asked me il’I could take the deposition of Mr. Fowler in my office in Burlingame. We agreed to his deposition in my office on December 14, 2016. The next day, December 15, 2016, an early settlement conference was set in Redwood City for 1:30 PM. I therefore sewed you with Jennifer Niles December 13, 2016 Page 2 a third amended notice of deposition calling for Mr. Fowler to appear on December 14 in my office. On Friday, December 9, 2016, you sent me an email indicating that Mr. Fowler would not appear for his deposition on December 14 and would not appear for the early settlement conference on December 15. I am perplexed and frustrated. As you know, the service of a notice of deposition requires a party to appear without a subpoena. Code of Civil Procedure section 2025 .280(a) If the party fails to appear for deposition, a motion to compel may be filed and monetary sanctions imposed. Code of Civil Procedure section 2025.450(‘g) If I am forced to file a motion to compel Mr. Fowler’s deposition, and I prevail, I will seek sanctions against both Mr. Fowler and your law firm. Code of Civil Procedure section 20.25.4800) Kindly provide me dates of availability for you and Mr. Fowler for his deposition in January. I willbe filing my motion to compel shortly. If I am lucky enough to take Mr. Fowler’s deposition before the hearing date, 1 will take the motion off calendar. look forward to your prompt reply. 1 Thank you. truly yo irs, Vem Michael D. Liber MDL: cc: client Michael D. Liberty From: Michael D. Liberty Sent: Thursday, October 20, 2016 1:21 PM To: 'Jennifer@QuesenberyLaw.com' Subject: RE: Lucky Strike v. Fowler CMC My client and l are available for the ESC on November 23 at 1:30 PLMK the judge’s name Here is what we today discussed: 1. You are filing a motion forjudgment on the pleadings; you will try to set it for hearing on November 7 or 9 (those are my only available dates for that week) 2. Mr. Fowler will sit for deposition in my office the day before the ESC, on November 22 at 10 am 3. Counsel and clients will attend the ESC in person on Wednesday November 23 at 1:30 pm in the Redwood City courthouse . 4. Meanwhile, you and will continue to try to settle the case I Kindly confirm asap . Law Office of Michael D. Liberty 1290 Howard Avenue, Suite 303 Burlingame, CA 94010 Tel: 650.685.8085 Fax: 650. 685.8086 Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. if you have received this communication in error, please notify us immediately by telephone at 650.685.8085. Thank you. From: Jennifer@QuesenberyLaw. com [mailtoz Jennifer@QuesenberyLaw. com] Sent: Friday, October 14, 2016 12: 22 PM To: 'Michael D. Liberty' Subject: RE: Lucky Strike v. Fowler CMC Hi Mike, As explained on the phone this morning, we submitted the financial aid application yesterday and the clerk said they I will send out a letter early next week re determination. will contact you as soon as receive it so we can select a I I mediator. Also, the following dates and times are available to us for an early settlement conference: 11/15 at 9:30 11/17 at 9:30 _ 11/18 at 1:30 _’ 11/23 at 1:30 11/30 at 9:30 or 1:30 Iwould prefer a 1:30 conference so Lil'dL can avoid crossing the bridge in the morning. Please let me know as soon as I possible what date and time works for you so that can get back to the clerk before it is taken. Thank you. Jennifer I Jennifer A. Niles Attorney LAW OFFICE OF MARION QUESENBERY 2625 Alcatraz Ave. #5 l 4 Berkeley, CA 94705 Telephone: 510-705-8894 Fax: 510-843-1716 E—mail: iennifer@quesenbervlaw.com Website: wwwquesenberylawcom From: Michael D. Liberty [mailtozmdlaw@pacbell.net] Sent: Friday, October 14, 2016 11:09 AM To: Jennifer@QuesenberyLaw.com Subject: RE: Lucky Strike v. Fowler CMC Jennifer ljust received a letter from the court reminding us of our deadlines Where are you on 1. Fowler Financial Aid 2. Selecting a mediator PLMK promptly Mike Law Office of Michael D. Liberty 1290 Howard Avenue, Suite 303 Burlingame, CA 94010 Tel: 650.685.8085 Fax: 650. 685.8086 Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. If you have received this communication in error, please notify us immediately by telephone at 650.685.8085. Thank you. From: Jennifer@QuesenberyLaw.com [mailto:Jennifer@QuesenbervLaw.com] Sent: Tuesday, October 11, 2016 2:14 PM To: 'Michael D. Liberty' Subject: RE: Lucky Strike v. Fowler CMC Thanks Mike. I will get back to you as soon as we know about the financial aid. Jennifer From: Michael D. Liberty lmailto:mdlaw@pacbell.net] Sent: Thursday, October 6, 2016 10:45 AM To: Jennifer@QuesenberyLaw.com Subject: RE: Lucky Strike v. Fowler CMC Jennifer At today’s cmc, Judge Foiles set trial for April 24, 2017 He also ordered us to mediation You indicated you would be seeking a fee waiver for the mediation for Mr. Fowler Your application is due October 13 Please let me know asap the status of this Our stipulation to Mediation, with date of mediation and name of mediator is due October 27 Ihave reviewed the ADR panel and attach my list of acceptable mediators, marked in red My selection took into account location and price, generally Take a look and let me have your thoughts We need to move on this quickly Mike Law Office of Michael D. Liberty 1290 Howard Avenue, Suite 303 Burlingame, CA 94010 Tel: 650.685.8085 Fax: 650. 685.8086 Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. if you have received this communication in error, please notify us immediately by telephone at 650.685.8085. Thank you. From: Jennifer@QuesenberyLaw.com [mailto:Jennifer@QuesenbervLaw.com] Sent: Saturday, September 24, 2016 12:24 PM To: 'Michael D. Liberty' Subject: Lucky Strike v. Fowler CMC Hello Mike, Attached is the notice of my intent to telephonically appear at the CMC. Jennifer Jennifer A. Niles Attorney LAW OFFICE OF MARION QUESENBERY 2625 Alcatraz Ave. #514 Berkeley, CA 94705 Telephone: 510-705-8894 Fax: 510-843-1716 E-mail: iennilbrféji'uucsenberylaw.com Website: www.ciuesonbcrylawcom Michael D. Liberty From: Michael D. Liberty Sent: Monday, October 24, 2016 5:15 PM To: 'Jennifer@QuesenberyLaw.com' Subject: RE: ESC date lust heard back from my client Fowler Depo December 14 at 10 am in my office in Burlingame ' ' EarlySettlement conference December 15 at 1:30M H I I h V ' Please confirm ' Mike Law Office of Michael D. Liberty 1290 Howard Avenue, Suite 303 Burlingame, CA 94010 Tel: 650.685.8085 Fax: 650. 685.8086 Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. If you have received this communication in error, pleasenotify us immediately by telephone at 650.685.8085. Thank you. ‘ From: Jennifer@QuesenberyLaw.com [mailto2Jennifer@QuesenberyLaw.com] Sent: Monday, October 24, 2016 2:07 PM To: ’Michael D._ Liberty‘ Subject: ESC date HiMike, ldidn’t have the calendar in from of me when l sent you the email re the ESC. __It looks like the 15‘h is the only _ day that Would work with having the depothe day before. am checking with Bruce re his availability. Jennifer I Jennifer A. Niles Attorney LAW OFFICE OF MARION QUESENBERY 2625 Alcatraz Ave. #514 Berkeley, CA 94705 Telephone: 510-705~8 894 Fax: 510-843-1716 E-mail: ienniferQDqucsenberylawcom Website: www.quesenberylawcom Michael D. Liberty — - From: Michael D. Liberty Sent: Wednesday, October 26, 2016 2:34 PM To: 'Jennifer@QuesenberyLaw.com' Subject: RE: ESC date, depo of Mr. Fowler and mediation Attachments: Third Depo notice to Fowler.pdf DEPOSITION 0F MR. FOWLER Here Is the 3d amended notice of depo and requests for the production of documents to Mr. Fowler As we today agreed, he will appear and sit for deposition In my office on December 14 at 10 am EARLY MANDATORY SETTLEMENT CONFERENCE The next day, December 15, we have an early msc in Redwood City at 1:30 pm MEDlATiON Kindly forward me your signed stip to ”mediation with Mr. Cotter for January 12, 2017 Thank you Law Office of Michael D. Liberty 1290 Howard Avenue, Suite 303 Buriingame, CA 94010 Tel: 650.685.8085 Fax: 650. 685.8086 Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. if you have received this communication in error, please notify us immediately by telephone at 650.685.8085. Thank you. From: Jennifer@QuesenberyLaw.com [mailto:Jennifer@QuesenberyLaw.com] Sent: Wednesday, October 26, 2016 12:17 PM To: 'Michael D. Liberty' Subject: RE: ESC date How about Kevin Tully? From: Michael D. Liberty [mailtozmdlaw@pacbeil.net] Sent: Wednesday, October 26, 2016 11:53 AM ' To: Jennifer@QuesenberyL_aw.com ' Subject: RE: ESC date Oops My client has a conflict with Bonnie Miller How bout Law Office of Michael D. Liberty 1290 Howard Avenue, Suite 303 Burlingame, CA 94010 Tel: 650.685.8085 Fax: 650. 685.8086 Board Certified by the National Board of Trial Advocacy in Civil Trial Advocacy. If you have received this communication in error, please notify us immediately by telephone at 650.685.8085. Thank you. From: .lennifer@O.uesenberyLaw.com [mailto:Jennifer@QuesenbervLaw.coml Sent: Wednesday, October 26, 2016 11:13 AM To: 'Michael D. Liberty' Subject: RE: ESC date Hello Mike, My email is back up and running. spoke with the clerk this morning and confirmed the I_ ESC for December 15‘h at 1:30. She will send out the notices. Have you heard back from Gesher? Jennifer From: Michael D. Liberty [mailtozmdiaw@pacbellnet] Sent: Tuesday, October 25, 2016 10:53 AM To: Jennifer@Quesenb<—zryLaw.com Subject: RE: ESC date Still waiting for your confirmation Also waiting for your agreement on mediators... Mike L