On April 06, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Lopez, Briceida,
Solis, Jose,
and
Amerigas, Inc., A Corporation,
Amerigas Propane, Inc, A Corporation,
Amerigas Propane, L.P., A Business Entity,
Bonifacio, Paul,
Does One Through One-Hundred, Inclusive,
Hyun, Margaret,
for (24) Unlimited Product Liability
in the District Court of San Mateo County.
Preview
1 Keith Gillette (SBN 191082)
BULLIVANT HOUSER BAILEY PC
2 101 Montgomery Street, Suite 2600
San Francisco, CA
Telephone:
94104-4146
415.352.2700
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Facsimile: 415.352.2701
E—mail: keith.gillette@bullivant.com
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6
Attorneys for Defendants
AMERIGAS PROPANE,
PROPANE, INC; and
LP; AMERIGAS
AMERIGAS, INC.
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8 SUPERIOR COURT 0F THE STATE 0F CALIFORNIA E— pue
COUNTY 0F SAN MATEO 2“ uouow
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BRICEIDA LOPEZ,
SOLIS, an individual,
an individual,
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JOSE Case No.2 18CIVO 1 696
NOTICE 0F MOTION AND MOTION FOR
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3pm
Plaintiffs, -
PROTECTIVE ORDER T0 POSTPONE
13 DEPOSITIONS 0F AMERIGAS
V'
REPRESENTATIVES
14
PAUL BONIFACIO, an individual;
15 MARGARET HYUN, an individual; Filed Concurrently with Memorandum ofPoz'nts
AMERIGAS PROPANE, INC., a corporation; and Authorities and Declaration ofKeith
16 AMERIGAS, INC., a corporation; and DOES Gillette
ONE through ONE-HUNDRED, inclusive,
17 Date: JVfl/Vc’ lo/ Lo, 9
Defendants
Time: 9:00 a.m.
18
Dept: Law & Motion
19
Action Filed: April 6, 2018
20 Trial Date: November 18, 2019
21
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22
PLEASE TAKE NOTICE that at the above-referenced court at the above stated date and
23
V time, Defendants AMERIGAS PROPANE, L.P., AMERIGAS PROPANE, INC. and
a“ 24
F 25
AMERIGAS, INC. (collectively “AmeriGas”), shall move for a protective order postponing
3
y 26
depositions, one of an AmeriGas witness and one PMK witness, currently noticed for April 25-
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26, 2019 until AmeriGas has had an opportunity to reSpond to Plaintiffs’ written discovery
27
requests and allrelated issues regarding such discovery have been resolved.
28
_ 1
_
NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER TO POSTPONE DEPOSITIONS OF
AMERIGAS REPRESENTATIVES
4848-7164—45651 36942100009
.._‘
This Motion is brought pursuant to Cal. Code Civ. Proc. § 2025.420(b)(2) [allowing f6r
l9 protective order for deposition t0 be taken at a different time].
(A This Motion is based on this Notice of Motion and Motion, the accompanying
-b Memorandum of Points and Authorities \in‘support of this Motion, the Declaration 'of Keith
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Gillette in support of this Motion, and the evidence and argument presented at the. hearing on this
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Motion.
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DATED: April 22, 2019
MD BULLIVAN OUSER BAILEY PC
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Attorneys or Defendant
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NOTICE 0F MOTION AND MOTION FOR PROTECTIVE ORDER T0 POSTPONE DEPOSITIONS 0F
AMERIGAS REPRESENTATIVES
4848-7164456“ 36942100009
PROOF OF SERVICE
Bricedia Lopez, et al. v. Paul Bonifacio, et a1.
San Mateo Superior Court N0. 18CIV01696
I am employed in the City and County of San Francisco by the law firm of Bullivant
Houser Bailey (“the business”), 101 Montgomery Streqt, Suite 2600, San Francisco, CA 94104.
I am over the age of eighteen (1 8) and not a party to this action. On April 23, 2019, I served the
document entitled:
\DOOQOXUI-hwlup—A
NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER T0
POSTPONE DEPOSITIONS OF AMERICAS REPRESENTATIVES
upon the following parties:
COUNSEL EMAIL ADDRESSES!
MATTHEW D. DAVIS mdavis@walkup1awoffice.com
SPENCER J. PAHLKE spahlke@walkuplawoffice.com
Walkup, Melodia, Kelly & Schoenberger kbenzien@wa1kuplawoffice.com
650 California Street, 26‘“ Floor ssaephan@walkuplawoffice.com
San Francisco, CA 94108-26 15
Telephone: 41 5.98 1 .7210
Facsimile: 41 5.391 .6965
Attorneys for: Plaintiffs BRICEIDA LOPEZ and JOSE
SOLIS
SHAWN A. TOLIVER Shawn.toliver@lewisbrisbois.com
JULIE M. AZEVEDO julie.azevedo@lewisbrisbois.com
Lewis Brisbois Bisgaard & Smith, LLP .
rose.chan@lewisbrisbois.com
333 Bush Street, Suite 1100
San Francisco, CA 941 04-2872
NNNNNNNNNHHHHHHp—Ar—ap—AH
Telephone: 415.362.2580
Facsimile: 415.434.0882
mfiQM¥WNHO©OOQONM-AWNHO
Attorneys for: Defendants PAUL BONIFACIO and
MARGARET HYUN
JAMES T. HULTQUIST jhultquist@reedsmith.com
Reed Smith LLP dkirby@reedsmith.com
10 South Wacker Drive
Chicago, IL 60606—7507
Telephone: 3 12.207. 1000
Facsimile: 312.207.6400
Attorneys for: Defendant AMERIGAS PROPANE, LP
() BY MAIL (CCP 81013(a)): I am readily familiar with the ordinary practice of the
business with respect to the collection and processing of conespondence for mailing with
the United States Postal Service. I placed a true and correct copy of the above—titled
document in an envelope addressed as above, with first class po stage thereon fully prepaid.
I sealed the aforesaid envelope and placed it for collection and mailing by the United
States Postal Service in accordance with the ordinary practice of the business.
_3_.
NOTICE 0F MOTION AND MOTION FOR PROTECTIVE ORDER TO POSTPONE DEPOSITIONS OF
AMERIGAS REPRESENTATIVES
4848-7164-4565.l 36942/00009
Correspondence so placed isordinarily deposited by the business with the United States
Postal Service on the same day.
.(X) BY EMAIL 0R ELECTRONIC TRANSFER: Pursuant to the parties’ stipulation to
electronic service, .caused a copy of the document to be sent from e-mail address
roberta.beach@bullivant.com to the persons at the e-mail addressed listed in the service
M-DM list. I did not, within a reasonable time after the transmission, any electronic
'
message or
other indication that the.transmission was unsuccessful.
() BY FACSIMILE TRANSMISSION (CCP 81013{e). CRC 2.306): I transmitted the
document by facsimile transmission by placing it in a facsimile machine (telephone
number 415-352—2701) and transmitting it t0 the facsimile machine telephone number
listed above. A transmission repon was properly issued by the transmitting facsimile
\DOOQO\ machine. The transmission was reported as complete and without error. A true and correct
copy of the transmission report is attached hereto.
() BY OVERNIGHT DELIVERY (CCP $1013(c)): I am readily familiar with the ordinary
practice of the business with respect to the collection and processing of correspondence
10 for mailing by Express Mail and other carriers providing‘for overnight delivery. Iplaced
a true and correct cOpy of the above-titled document in an envelope addressed ‘as above,
11 with first class postage thereon fully prepaid. I sealed the aforesaid envelope and placed
it for collection and mailing by Express Mail or other carrier for overnight delivery in
12 accordance with the ordinary practice of the business. Con'espondence so placed is
ordinarily deposited by the business with Express Mail or other carrier on the same day.
l3
() BY PERSONAL SERVICE UPON AN'ATTORNEY (CCP $101] (2)): I‘placed a true
14 and correct 'copy ofthe above-titled document in a sealed envelope acdressed as indicated
above. I delivered said envelopes by hand to a receptionist or a person authorized to accept
15 same at the address on the envelope, or, ifno person waspresent, by leaving the envelope
in a conspicuous place in the office between the hours of nine in the morning and five in
16 the afternoon.
17 () BY MESSENGER SERVICE: I placed a true and correct copy 0f the above-entitled
document in a sealec envelope addressed as indicated above and provided .itto a
18 professional messenger service for delivery during normal business hours on this date.
19 () BY PERSONAL SERVICE UPON A PARTY (CCP 81011(b)): I placed a true and
correct copy of the above-titled document in a sealed envelope addressed as indicated
20 above. I delivered each envelope by hand to a person of not less than eighteen (1 8) years
of age at the address listed on the envelope, between the hours of eight in the morning and
21 six in the evening.
22 I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct.
23
Executed on April 23, 2019; at San Francisco, California.
24
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IidBERTA é. BEACH
26
*****
27
28
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NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER TO POSTPONE DEPOSITIONS OF
AMERICAS REPRESENTATIVES
4848-7 l 644565.] 36942100009
Preview
1 Keith Gillette (SBN 191082) BULLIVANT HOUSER BAILEY PC 2 101 Montgomery Street, Suite 2600 San Francisco, CA Telephone: 94104-4146 415.352.2700 F #UJ Facsimile: 415.352.2701 E—mail: keith.gillette@bullivant.com S 6 Attorneys for Defendants AMERIGAS PROPANE, PROPANE, INC; and LP; AMERIGAS AMERIGAS, INC. I 1!!!!“ ) angle“ OleW —mo—31 7 E‘ o uouow; 96910 8 SUPERIOR COURT 0F THE STATE 0F CALIFORNIA E— pue COUNTY 0F SAN MATEO 2“ uouow 9 10 E Jo; aAunade 1 1 12 BRICEIDA LOPEZ, SOLIS, an individual, an individual, _ I JOSE Case No.2 18CIVO 1 696 NOTICE 0F MOTION AND MOTION FOR l 3pm Plaintiffs, - PROTECTIVE ORDER T0 POSTPONE 13 DEPOSITIONS 0F AMERIGAS V' REPRESENTATIVES 14 PAUL BONIFACIO, an individual; 15 MARGARET HYUN, an individual; Filed Concurrently with Memorandum ofPoz'nts AMERIGAS PROPANE, INC., a corporation; and Authorities and Declaration ofKeith 16 AMERIGAS, INC., a corporation; and DOES Gillette ONE through ONE-HUNDRED, inclusive, 17 Date: JVfl/Vc’ lo/ Lo, 9 Defendants Time: 9:00 a.m. 18 Dept: Law & Motion 19 Action Filed: April 6, 2018 20 Trial Date: November 18, 2019 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that at the above-referenced court at the above stated date and 23 V time, Defendants AMERIGAS PROPANE, L.P., AMERIGAS PROPANE, INC. and a“ 24 F 25 AMERIGAS, INC. (collectively “AmeriGas”), shall move for a protective order postponing 3 y 26 depositions, one of an AmeriGas witness and one PMK witness, currently noticed for April 25- h 26, 2019 until AmeriGas has had an opportunity to reSpond to Plaintiffs’ written discovery 27 requests and allrelated issues regarding such discovery have been resolved. 28 _ 1 _ NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER TO POSTPONE DEPOSITIONS OF AMERIGAS REPRESENTATIVES 4848-7164—45651 36942100009 .._‘ This Motion is brought pursuant to Cal. Code Civ. Proc. § 2025.420(b)(2) [allowing f6r l9 protective order for deposition t0 be taken at a different time]. (A This Motion is based on this Notice of Motion and Motion, the accompanying -b Memorandum of Points and Authorities \in‘support of this Motion, the Declaration 'of Keith U1 Gillette in support of this Motion, and the evidence and argument presented at the. hearing on this Ox Motion. \J 00 DATED: April 22, 2019 MD BULLIVAN OUSER BAILEY PC pa <3 pa bi Ke‘fffi illette pa b) Attorneys or Defendant DJ —A AMERIG S PROPANE, L.’P.., AMERIGAS PROPANE, INC. and AMERIGAS, INC. pa -b U! ha ***** C\ ha F‘\Q —-00 ~* ‘O C3 IQ b0 ~* b3 b9 b) ‘N NJ :5 k) U! h) 0‘ k) \J k) «2 _. 2 _ NOTICE 0F MOTION AND MOTION FOR PROTECTIVE ORDER T0 POSTPONE DEPOSITIONS 0F AMERIGAS REPRESENTATIVES 4848-7164456“ 36942100009 PROOF OF SERVICE Bricedia Lopez, et al. v. Paul Bonifacio, et a1. San Mateo Superior Court N0. 18CIV01696 I am employed in the City and County of San Francisco by the law firm of Bullivant Houser Bailey (“the business”), 101 Montgomery Streqt, Suite 2600, San Francisco, CA 94104. I am over the age of eighteen (1 8) and not a party to this action. On April 23, 2019, I served the document entitled: \DOOQOXUI-hwlup—A NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER T0 POSTPONE DEPOSITIONS OF AMERICAS REPRESENTATIVES upon the following parties: COUNSEL EMAIL ADDRESSES! MATTHEW D. DAVIS mdavis@walkup1awoffice.com SPENCER J. PAHLKE spahlke@walkuplawoffice.com Walkup, Melodia, Kelly & Schoenberger kbenzien@wa1kuplawoffice.com 650 California Street, 26‘“ Floor ssaephan@walkuplawoffice.com San Francisco, CA 94108-26 15 Telephone: 41 5.98 1 .7210 Facsimile: 41 5.391 .6965 Attorneys for: Plaintiffs BRICEIDA LOPEZ and JOSE SOLIS SHAWN A. TOLIVER Shawn.toliver@lewisbrisbois.com JULIE M. AZEVEDO julie.azevedo@lewisbrisbois.com Lewis Brisbois Bisgaard & Smith, LLP . rose.chan@lewisbrisbois.com 333 Bush Street, Suite 1100 San Francisco, CA 941 04-2872 NNNNNNNNNHHHHHHp—Ar—ap—AH Telephone: 415.362.2580 Facsimile: 415.434.0882 mfiQM¥WNHO©OOQONM-AWNHO Attorneys for: Defendants PAUL BONIFACIO and MARGARET HYUN JAMES T. HULTQUIST jhultquist@reedsmith.com Reed Smith LLP dkirby@reedsmith.com 10 South Wacker Drive Chicago, IL 60606—7507 Telephone: 3 12.207. 1000 Facsimile: 312.207.6400 Attorneys for: Defendant AMERIGAS PROPANE, LP () BY MAIL (CCP 81013(a)): I am readily familiar with the ordinary practice of the business with respect to the collection and processing of conespondence for mailing with the United States Postal Service. I placed a true and correct copy of the above—titled document in an envelope addressed as above, with first class po stage thereon fully prepaid. I sealed the aforesaid envelope and placed it for collection and mailing by the United States Postal Service in accordance with the ordinary practice of the business. _3_. NOTICE 0F MOTION AND MOTION FOR PROTECTIVE ORDER TO POSTPONE DEPOSITIONS OF AMERIGAS REPRESENTATIVES 4848-7164-4565.l 36942/00009 Correspondence so placed isordinarily deposited by the business with the United States Postal Service on the same day. .(X) BY EMAIL 0R ELECTRONIC TRANSFER: Pursuant to the parties’ stipulation to electronic service, .caused a copy of the document to be sent from e-mail address roberta.beach@bullivant.com to the persons at the e-mail addressed listed in the service M-DM list. I did not, within a reasonable time after the transmission, any electronic ' message or other indication that the.transmission was unsuccessful. () BY FACSIMILE TRANSMISSION (CCP 81013{e). CRC 2.306): I transmitted the document by facsimile transmission by placing it in a facsimile machine (telephone number 415-352—2701) and transmitting it t0 the facsimile machine telephone number listed above. A transmission repon was properly issued by the transmitting facsimile \DOOQO\ machine. The transmission was reported as complete and without error. A true and correct copy of the transmission report is attached hereto. () BY OVERNIGHT DELIVERY (CCP $1013(c)): I am readily familiar with the ordinary practice of the business with respect to the collection and processing of correspondence 10 for mailing by Express Mail and other carriers providing‘for overnight delivery. Iplaced a true and correct cOpy of the above-titled document in an envelope addressed ‘as above, 11 with first class postage thereon fully prepaid. I sealed the aforesaid envelope and placed it for collection and mailing by Express Mail or other carrier for overnight delivery in 12 accordance with the ordinary practice of the business. Con'espondence so placed is ordinarily deposited by the business with Express Mail or other carrier on the same day. l3 () BY PERSONAL SERVICE UPON AN'ATTORNEY (CCP $101] (2)): I‘placed a true 14 and correct 'copy ofthe above-titled document in a sealed envelope acdressed as indicated above. I delivered said envelopes by hand to a receptionist or a person authorized to accept 15 same at the address on the envelope, or, ifno person waspresent, by leaving the envelope in a conspicuous place in the office between the hours of nine in the morning and five in 16 the afternoon. 17 () BY MESSENGER SERVICE: I placed a true and correct copy 0f the above-entitled document in a sealec envelope addressed as indicated above and provided .itto a 18 professional messenger service for delivery during normal business hours on this date. 19 () BY PERSONAL SERVICE UPON A PARTY (CCP 81011(b)): I placed a true and correct copy of the above-titled document in a sealed envelope addressed as indicated 20 above. I delivered each envelope by hand to a person of not less than eighteen (1 8) years of age at the address listed on the envelope, between the hours of eight in the morning and 21 six in the evening. 22 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. 23 Executed on April 23, 2019; at San Francisco, California. 24 25 wgmag Q&W IidBERTA é. BEACH 26 ***** 27 28 _4_ NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER TO POSTPONE DEPOSITIONS OF AMERICAS REPRESENTATIVES 4848-7 l 644565.] 36942100009