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MARCIE ISOM FITZSIMMONS (SBN: 226906)
AMBER A. EKLOF (SBN: 305750)
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111 FILED
Telephone: (415) 986-5900 SAN MATEO COUNTY
Facsimiles: (415) 986-8054 NOV 02 2018
misom grsm.com
aeklof( grsm.com Cletk of Court
Attorneys for Defendant
TRUSTEES OF THE LELAND
STANFORD JUNIOR UNIVERSITY, erroneously sued as
THE LELAND STANFORD JUNIOR UNIVERSITY
SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SAN MATEO
ll
12 ALI TAGHAVI, an individual, CASE NO. 17CIV04570
13 Plaintiff, DEFENDANT STANFORD’S
NOTICE OF MOTION TO COMPEL
14 vs. FURTHER RESPONSES TO
REQUESTS FOR PRODUCTION OF
15 THE LELAND STANFORD JUNIOR DOCUMENTS, REQUEST FOR
UNIVERSITY, a California nonprofit SANCTIONS
16 corporation, doing business as STANFORD
UNIVERSITY; ALTICOR, INC., a Michigan Accompanying Papers:
17 corporation; and DOES 1-10, inclusive, Memorandum of Points and Authorities;
Declaration of Amber A. Eklof; Separate
18 Defendants. Statement; and [Proposed] Order
+7 -04570
MOTCOF
Notice of Motion and Motion to Compel
Date: ovo2/i4
i Iii
141
Time: 9:00 AM
Dept: Law & Motion
j
2,
23
PLEASE taKe NOTICE that on December 6, 2018, at 9:00 a.m., or as soon thereafter
24 as this matter may be heard, in the Law & Motion Department of this court, located at 400
25
x County Centét; Rédwood City, CA 94063; Defendant TRUSTEES OF THE LELAND
26
& STANFORD JUNIOR UNIVERSITY, erroneously sued as THE LELAND STANFORD
27 JUNIOR UNIVERSITY (“Stanford”) will and hereby does move for a Motion to Compel in their
28
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DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS
FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS
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favor and against Plaintiff Ali Taghavi (“Plaintiff”), further responses and the production of
documents to Stanford’s Request for Production of Documents, Set Two; and Stanford’s Request
for Production of Documents, Set Three. Defendant also moves for a Motion to Compel in their
favor and against Plaintiff for sanctions in the amount of $4,650.00 for his abuse of the discovery
process. This motion is based upon this Notice of Hearing, the Memorandum of Points and
Authorities in Support filed herewith, the Separate Statement, the Declaration of Amber Eklof,
the pleadings, files, and records, and upon such oral and/or documentary evidence as may be
presented at the time of the hearing of this motion.
10 Dated: November 2, 2018 GORDON REES SCULLY MANSUKHANI, LLP
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By:
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gsu= 12 Marcie Isom Fitzsimmons
san Amber A. Eklof
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Bes 13 Attorneys for Defendant
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TRUSTEES OF THE LELAND STANFORD
23
pes
14 JUNIOR UNIVERSITY, erroneously sued as THE
Baa LELAND STANFORD JUNIOR UNIVERSITY
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DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS
FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS
PROOF OF SERVICE
Ali Taghavi v. The Leland Stanford University
San Mateo Superior Court Case No. 17CIV04570
I am a 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 Scully Mansukhani, LLP 275 Battery
Street, Suite 2000, San Francisco, CA 94111. On the date below, I served the within documents
DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER
RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, REQUEST FOR
SANCTIONS
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S
MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION
OF DOCUMENTS; REQUEST FOR SANCTIONS
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT STANFORD’S MOTION
10 TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF
DOCUMENTS, REQUEST FOR SANCTIONS
I
DECLARATION OF AMBER EKLOF IN SUPPORT OF DEFENDANT’S MOTION TO
12 COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF
DOCUMENTS, REQUEST FOR SANCTIONS
13
[PROPOSED] ORDER
14
15 x Via Electronic Transmission: By transmitting via electronic mail the document(s) listed
above to the e-mail address(es) set forth below.
16 Via Personal Service: by having First Legal personally deliver the document(s) listed
above to the person(s) at the address(es) set forth below.
17 Fredrick A. Hagen
BERDING & WEIL LLP
18 2175 N. California Blvd, Suite 500
Walnut Creek, California 94596
19 Telephone: 925-838-2090
Facsimile: 925-820-5592
20 fhagen@berdingweil.com
21 Plaintiff's Counsel
22 David P. Zins Karen J. Kubin
Morrison & Foerster LLP Morrison & Foerster LLP
23 707 Wilshire Blvd., Suite 6000 425 Market Street
Los Angeles, CA 94105 San Francisco, CA 94105
24 Telephone: 213-892-5200 Telephone: 415-268-7000
Facsimile: 213-892-5454 Facsimile: 415-268-7522
25 dzins@mofo.com ., kkubin@mofo.com
26 Counsel for Defendant Alticor, Inc. Counsel for Defendant Alticor, Inc.
27 Mt
28 Mt
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DEFENDANTS STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS
FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS
lam 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 2, 2018 at San Francisco, California.
Vanessa Santellan
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1121340/41046939v.1
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DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS
FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS
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\\2 MARCIE ISOM FITZSIMMONS (SBN: 226906) AMBER A. EKLOF (SBN: 305750) GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 FILED Telephone: (415) 986-5900 SAN MATEO COUNTY Facsimiles: (415) 986-8054 NOV 02 2018 misom grsm.com aeklof( grsm.com Cletk of Court Attorneys for Defendant TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, erroneously sued as THE LELAND STANFORD JUNIOR UNIVERSITY SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN MATEO ll 12 ALI TAGHAVI, an individual, CASE NO. 17CIV04570 13 Plaintiff, DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL 14 vs. FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF 15 THE LELAND STANFORD JUNIOR DOCUMENTS, REQUEST FOR UNIVERSITY, a California nonprofit SANCTIONS 16 corporation, doing business as STANFORD UNIVERSITY; ALTICOR, INC., a Michigan Accompanying Papers: 17 corporation; and DOES 1-10, inclusive, Memorandum of Points and Authorities; Declaration of Amber A. Eklof; Separate 18 Defendants. Statement; and [Proposed] Order +7 -04570 MOTCOF Notice of Motion and Motion to Compel Date: ovo2/i4 i Iii 141 Time: 9:00 AM Dept: Law & Motion j 2, 23 PLEASE taKe NOTICE that on December 6, 2018, at 9:00 a.m., or as soon thereafter 24 as this matter may be heard, in the Law & Motion Department of this court, located at 400 25 x County Centét; Rédwood City, CA 94063; Defendant TRUSTEES OF THE LELAND 26 & STANFORD JUNIOR UNIVERSITY, erroneously sued as THE LELAND STANFORD 27 JUNIOR UNIVERSITY (“Stanford”) will and hereby does move for a Motion to Compel in their 28 “le DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS monet ~é. Ba he Bt Be Be -&* ec N favor and against Plaintiff Ali Taghavi (“Plaintiff”), further responses and the production of documents to Stanford’s Request for Production of Documents, Set Two; and Stanford’s Request for Production of Documents, Set Three. Defendant also moves for a Motion to Compel in their favor and against Plaintiff for sanctions in the amount of $4,650.00 for his abuse of the discovery process. This motion is based upon this Notice of Hearing, the Memorandum of Points and Authorities in Support filed herewith, the Separate Statement, the Declaration of Amber Eklof, the pleadings, files, and records, and upon such oral and/or documentary evidence as may be presented at the time of the hearing of this motion. 10 Dated: November 2, 2018 GORDON REES SCULLY MANSUKHANI, LLP =2 11 By: Ay gsu= 12 Marcie Isom Fitzsimmons san Amber A. Eklof “22z Bes 13 Attorneys for Defendant Ba rU TRUSTEES OF THE LELAND STANFORD 23 pes 14 JUNIOR UNIVERSITY, erroneously sued as THE Baa LELAND STANFORD JUNIOR UNIVERSITY 15 ba ge ae 16 gon ga 17 18 19 20 21 22 23 24 25- mnie coe oo nee ee a wee ae 26 27 28 2 DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS PROOF OF SERVICE Ali Taghavi v. The Leland Stanford University San Mateo Superior Court Case No. 17CIV04570 I am a 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 Scully Mansukhani, LLP 275 Battery Street, Suite 2000, San Francisco, CA 94111. On the date below, I served the within documents DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS SEPARATE STATEMENT IN SUPPORT OF DEFENDANT STANFORD’S MOTION 10 TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS I DECLARATION OF AMBER EKLOF IN SUPPORT OF DEFENDANT’S MOTION TO 12 COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS 13 [PROPOSED] ORDER 14 15 x Via Electronic Transmission: By transmitting via electronic mail the document(s) listed above to the e-mail address(es) set forth below. 16 Via Personal Service: by having First Legal personally deliver the document(s) listed above to the person(s) at the address(es) set forth below. 17 Fredrick A. Hagen BERDING & WEIL LLP 18 2175 N. California Blvd, Suite 500 Walnut Creek, California 94596 19 Telephone: 925-838-2090 Facsimile: 925-820-5592 20 fhagen@berdingweil.com 21 Plaintiff's Counsel 22 David P. Zins Karen J. Kubin Morrison & Foerster LLP Morrison & Foerster LLP 23 707 Wilshire Blvd., Suite 6000 425 Market Street Los Angeles, CA 94105 San Francisco, CA 94105 24 Telephone: 213-892-5200 Telephone: 415-268-7000 Facsimile: 213-892-5454 Facsimile: 415-268-7522 25 dzins@mofo.com ., kkubin@mofo.com 26 Counsel for Defendant Alticor, Inc. Counsel for Defendant Alticor, Inc. 27 Mt 28 Mt 3 DEFENDANTS STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS lam 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 2, 2018 at San Francisco, California. Vanessa Santellan 10 11 7S gen~ 12 gas wiz 5a 13 ga< 2U 23 mes 14 Bag ae 15 sen me 16 eon sa 17 18 19 20 21 22 23 24 25 aes wae + 26 27 28 1121340/41046939v.1 4 DEFENDANT STANFORD’S NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, REQUEST FOR SANCTIONS