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4g
\ MARCIE ISOM FITZSIMMONS
AMBER A. EKLOF
GORDON REES
275 Battery Street,
(SBN: 305750)
(SBN:
SCULLY MANSUKHANI, LLP
Suite 2000
226906)
San Francisco, CA 941 11-
/ Telephone: (415) 875-4131 -FEEJEE}J ,v
\‘ Facsimile: (415) 986—8054 SAN WWW ms --«
misom@grsm.com
aeklof@grsm.com OCT 2
~
Clerk Of
Attorneys for Defendant
TRUSTEES OF THE LELAND
IlllllllflllllllllllfllllllIll
Opposition By ?k‘
STANFORD JUNIOR UNIVERSITY, erroneously sued as DEPWYCR‘HK
in THE LELAND STANFORD JUNIOR UNIVERSITY '
ClV—D4570
mo
17—
. I- =
l
lllll
Declaration
1457822
!k
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
ALI TAGHAVI, an individual, CASE NO. 17CIV04570
LLP
2000 Plaintiff, DECLARATION OF AMBER EKLOF
94111 IN SUPPORT OF DEFENDANT
Mansukhani,
Suite vs. STANFORD’S OPPOSITION TO
CA PLAINTIFF’S EX PARTE
Street,
THE LELAND STANFORD JUNIOR APPLICATION TO CONTINUE
Scully
UNIVERSITY, a California nonprofit TRIAL AND ALL SCHEDUELD
STANFORD HEARINGS
Francisco,
corporation, doing business as
Battery UNIVERSITY; ALTICOR, INC., a Michigan
Rees
San
corporation; and DOES 1—10, inclusive,
VVVVVVVVVVVVVVVVVVVV
275
Gordon Defendants.
Date: October 24, 2018
Time: 2:00 PM
Dept: Presiding Law and Motion
Trial Date: December 17, 2018
I,Amber A. Eklof, declare as follows:
1. I am an attorney at law licensed to practice before all courts of the State of
California and am an Associate in the law firm of Gordon Rees Scully Mansukhani, LLP,
attorneys for Defendant Trustees of the Leland Stanford Junior University (“Stanford”). Ihave
-1-
DECLARATION OF AMBER EKLOF IN SUPPORT OF DEFENDANT STANFORD’S OPPOSITION TO
PLAINTIFF’S EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL SCHEDUELD HEARINGS
personal knowledge of the matters contained in this declaration and if called to testify to them
could and would do so competently.
1
2. Plaintiff Ali Taghavi (“Plaintiff”) filed a lawsuit in San Mateo County Superidr
.5 Court‘on October 4, 2017 19, 2016. On February 9, 2018 Plaintiff filed a First Amended
Complaint (“FAC”) alleging the following causes of action: (1) wrongfifl termination based 0n -
age, race, national origin and religious discrimination in violation of the Fair Employment and
\OOOQOxU‘I
Housing Act (“FEHA”) against Stanford; (2) wrongful termination in‘violation of the Federal
Food, Drug, and Cosmetic Act (“FFDCA”) against Stanford; and (3) intentional interference
with prospective economic advantage against Defendant Alticor, Inc.
10 3. Plaintiff mail served Requests for Production of Documents Set One and Form
11 Interrogatories — Employment Law on May 24, 2018.
LLP
2000
12 4.. Defendants have collectively produced more than 22,000 pages of documents in
‘
94111
13 this case already.
Mansukhani,
Sulte
CA
Street,
14 5. Plaintiff was deposed over a three-day period on July 30, 2018, July 3 1, 20 1 8 and
ScullyFrancisco,
15 August 8, 2018. My Partner, Marcie Isom Fitzsimmons took Plaintiff s deposition on July 30,
Battery
Rees
16 201 8, July 3 1, 2018. Alticor’s counsel examined Plaintiff during a portion 0f the time on July 31
San
275
Gordon
17 and August 8, 2018.
18 6.
'
Plaintiff mail served a Notice of Deposition for John Ioannidis on June 22, 2018,
19 with a deposition date of July 17, 2018. The depositibn was moved. On July 18, 2018, Plaintiff
20 mail served an Amended Notice of Deposition for John Ioannidis with a deposition date of
21 August 21, 2018.
22 7. .
Plaintiff canceled thé deposition of John Ioannidis ofi August 15, 2018 and mail
23 served an amended noticé of deposition for September 18, 2018.
24 8. On September 17, 2018, Plaintiff once again canceled the deposition 0f John
25 Ioannidis and mail served an amended notice of deposition for November 12, 2018.
-
26 9. On September 17, 2018, Plaintiff’s counsel, Fred Hagen, requested deposition
27 ldates forDr. Sandra Winter. Iresponded the next day with Dr. Winter’s availability. That same
28
-2-
DECLARATION OF AMBER EKLOF IN SUPPORT OF DEFENDANT STANFORD’S OPPOSITION TO
PLAINTIFF’S EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL SCHEDUELD HEARINGS
day, Mr. Hagen requested dates for six Witnesses. Isent Mt. Hagen an email response on
September 19, 2018, providing dates for four of the witnesses and indicating I had reached out to
AWN the two remaining Witnesses for dates.
10. On October 11, 2018, Plaintiff filed a Motion to Compel against Stanford, despite
Stanford’s willingness to continue to meet and confer on discovery and to conduct a search for
any additional documents with proposed search parameters. Plaintiff declined Stanford’s offer
and refused to provide any
\OOOQQUI
alterhatives to Stanford’s efforts.
11. On September 21, 201 8, Plaintiff filed a similar Motion to Compel against Alticor
Inc. On October 23, 20 1~8,this court denied Plaintiff’s motion)in its entirety.
10 I declare unde; penalty Vofipggjury under the laws of the State of California that the
’
11 foregoing is true and correct;
LLP
12 Executed this 24th day of October 2018 at San Francisco, California.
2000
94111
13
fiv/M
Mansukhani,
Suite
CA
Street,
14
Scully
Francisco,
15 Amber A. Eklof
Battery
Rees
16
San
275
Gordon
17
18
19
20
21
22
23
24
25
26
27
28
_3_‘
DECLARATION 0F AMBER EKLOF 1N SUPPORT 0F DEFENDANT STANFORD’S OPPOSITION To
PLAINTIFF’S EX PARTE APPLICATION To CONTINUE TRIAL AND ALL SCHEDUELD HEARINGS
Preview
4g \ MARCIE ISOM FITZSIMMONS AMBER A. EKLOF GORDON REES 275 Battery Street, (SBN: 305750) (SBN: SCULLY MANSUKHANI, LLP Suite 2000 226906) San Francisco, CA 941 11- / Telephone: (415) 875-4131 -FEEJEE}J ,v \‘ Facsimile: (415) 986—8054 SAN WWW ms --« misom@grsm.com aeklof@grsm.com OCT 2 ~ Clerk Of Attorneys for Defendant TRUSTEES OF THE LELAND IlllllllflllllllllllfllllllIll Opposition By ?k‘ STANFORD JUNIOR UNIVERSITY, erroneously sued as DEPWYCR‘HK in THE LELAND STANFORD JUNIOR UNIVERSITY ' ClV—D4570 mo 17— . I- = l lllll Declaration 1457822 !k SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO ALI TAGHAVI, an individual, CASE NO. 17CIV04570 LLP 2000 Plaintiff, DECLARATION OF AMBER EKLOF 94111 IN SUPPORT OF DEFENDANT Mansukhani, Suite vs. STANFORD’S OPPOSITION TO CA PLAINTIFF’S EX PARTE Street, THE LELAND STANFORD JUNIOR APPLICATION TO CONTINUE Scully UNIVERSITY, a California nonprofit TRIAL AND ALL SCHEDUELD STANFORD HEARINGS Francisco, corporation, doing business as Battery UNIVERSITY; ALTICOR, INC., a Michigan Rees San corporation; and DOES 1—10, inclusive, VVVVVVVVVVVVVVVVVVVV 275 Gordon Defendants. Date: October 24, 2018 Time: 2:00 PM Dept: Presiding Law and Motion Trial Date: December 17, 2018 I,Amber A. Eklof, declare as follows: 1. I am an attorney at law licensed to practice before all courts of the State of California and am an Associate in the law firm of Gordon Rees Scully Mansukhani, LLP, attorneys for Defendant Trustees of the Leland Stanford Junior University (“Stanford”). Ihave -1- DECLARATION OF AMBER EKLOF IN SUPPORT OF DEFENDANT STANFORD’S OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL SCHEDUELD HEARINGS personal knowledge of the matters contained in this declaration and if called to testify to them could and would do so competently. 1 2. Plaintiff Ali Taghavi (“Plaintiff”) filed a lawsuit in San Mateo County Superidr .5 Court‘on October 4, 2017 19, 2016. On February 9, 2018 Plaintiff filed a First Amended Complaint (“FAC”) alleging the following causes of action: (1) wrongfifl termination based 0n - age, race, national origin and religious discrimination in violation of the Fair Employment and \OOOQOxU‘I Housing Act (“FEHA”) against Stanford; (2) wrongful termination in‘violation of the Federal Food, Drug, and Cosmetic Act (“FFDCA”) against Stanford; and (3) intentional interference with prospective economic advantage against Defendant Alticor, Inc. 10 3. Plaintiff mail served Requests for Production of Documents Set One and Form 11 Interrogatories — Employment Law on May 24, 2018. LLP 2000 12 4.. Defendants have collectively produced more than 22,000 pages of documents in ‘ 94111 13 this case already. Mansukhani, Sulte CA Street, 14 5. Plaintiff was deposed over a three-day period on July 30, 2018, July 3 1, 20 1 8 and ScullyFrancisco, 15 August 8, 2018. My Partner, Marcie Isom Fitzsimmons took Plaintiff s deposition on July 30, Battery Rees 16 201 8, July 3 1, 2018. Alticor’s counsel examined Plaintiff during a portion 0f the time on July 31 San 275 Gordon 17 and August 8, 2018. 18 6. ' Plaintiff mail served a Notice of Deposition for John Ioannidis on June 22, 2018, 19 with a deposition date of July 17, 2018. The depositibn was moved. On July 18, 2018, Plaintiff 20 mail served an Amended Notice of Deposition for John Ioannidis with a deposition date of 21 August 21, 2018. 22 7. . Plaintiff canceled thé deposition of John Ioannidis ofi August 15, 2018 and mail 23 served an amended noticé of deposition for September 18, 2018. 24 8. On September 17, 2018, Plaintiff once again canceled the deposition 0f John 25 Ioannidis and mail served an amended notice of deposition for November 12, 2018. - 26 9. On September 17, 2018, Plaintiff’s counsel, Fred Hagen, requested deposition 27 ldates forDr. Sandra Winter. Iresponded the next day with Dr. Winter’s availability. That same 28 -2- DECLARATION OF AMBER EKLOF IN SUPPORT OF DEFENDANT STANFORD’S OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL SCHEDUELD HEARINGS day, Mr. Hagen requested dates for six Witnesses. Isent Mt. Hagen an email response on September 19, 2018, providing dates for four of the witnesses and indicating I had reached out to AWN the two remaining Witnesses for dates. 10. On October 11, 2018, Plaintiff filed a Motion to Compel against Stanford, despite Stanford’s willingness to continue to meet and confer on discovery and to conduct a search for any additional documents with proposed search parameters. Plaintiff declined Stanford’s offer and refused to provide any \OOOQQUI alterhatives to Stanford’s efforts. 11. On September 21, 201 8, Plaintiff filed a similar Motion to Compel against Alticor Inc. On October 23, 20 1~8,this court denied Plaintiff’s motion)in its entirety. 10 I declare unde; penalty Vofipggjury under the laws of the State of California that the ’ 11 foregoing is true and correct; LLP 12 Executed this 24th day of October 2018 at San Francisco, California. 2000 94111 13 fiv/M Mansukhani, Suite CA Street, 14 Scully Francisco, 15 Amber A. Eklof Battery Rees 16 San 275 Gordon 17 18 19 20 21 22 23 24 25 26 27 28 _3_‘ DECLARATION 0F AMBER EKLOF 1N SUPPORT 0F DEFENDANT STANFORD’S OPPOSITION To PLAINTIFF’S EX PARTE APPLICATION To CONTINUE TRIAL AND ALL SCHEDUELD HEARINGS