Preview
D
ILECOU
MARCIE ISOM FITZSIMMONS (SBN: 226906) SAN MATEO NTY
AMBER A. EKLOF (SBN: 305750, NOY 26 2018
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 986-5900
Facsimile: (415) 986-8054
misom@grsm.com
aeklof@grsm.com =
c owes
Attorneys for Defendant Declaration in Support
151
ill il I nn
TRUSTEES OF THE LELAND
STANFORD JUNIOR UNIVERSITY, erroneously sued as
THE LELAND STANFORD JUNIOR UNIVERSITY J .
SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SAN MATEO
11
es
asu
sac 12 ALI TAGHAVI, an individual, CASE NO. 17CIV04570
Zoe
Bea
cA« 13 Plaintiff, DECLARATION OF AMBER EKLOF
gO IN SUPPORT OF EX PARTE
BS
2s
pe Ss 14 vs. APPLICATION FOR AN ORDER
Ass
pe SHORTENING TIME TO HEAR
ate
Se 15 THE LELAND STANFORD JUNIOR PLAINTIFF’S MOTION TO QUASH
Sac UNIVERSITY, a California nonprofit STANFORD’S DEPOSITION
hn
Ba 16 corporation, doing business as STANFORD SUBPOENAS TO PLAINTIFF’S
UNIVERSITY; ALTICOR, INC., a Michigan FORMER EMPLOYERS
17 corporation; and DOES 1-10, inclusive,
Date: November 21, 2018
18 Defendants. Time: 2:00 PM
Dept.: Law and Motion
19
Complaint Filed: October 4, 2017
20 Trial Date: December 17, 2018
21
22
23 I, Amber Eklof, declare as follows:
24 1 I am an attorney at law licensed to practice before all courts of the State of
25 California and am an Associate in the law firm of Gordon Rees Scully Mansukhani, LLP,
26 attorneys for the Defendant THE LELAND STANFORD JUNIOR UNIVERSITY, a California
27 nonprofit corporation, doing business as STANFORD UNIVERSITY (“Stanford”). I have
28 -l-
DECLARATION OF AMBER EKLOF IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR PLAINTIFF’S MOTION TO QUASH STANFORD’S DEPOSITION
SUBPOENAS TO PLAINTIFF’S FORMER EMPLOYERS
personal knowledge of the matters contained in this declaration and if called to testify to them
could and would do so competently.
2. Trial is currently set for December 17, 2018. Under the Code of Civil Procedure,
the last day for the Court to hear discovery motions is December 3, 2018.
3 On October 18, 2018, my office timely and properly served a deposition subpoena
for the Person Most Knowledgeable regarding Plaintiff's employment to Pepperdine University,
and noticed the deposition for November 15, 2018. A true and correct copy of the Deposition
Subpoena and corresponding Notice is attached as Exhibit A.
4. On October 23, 2018, my office served an amended deposition notice for the
10 same date - November 15 — but included a new time and location, specifically Pepperdine
11 University, pursuant to a request from the intended witness. A true and correct copy of the
ee
es 12 Deposition Subpoena and corresponding Notice is attached as Exhibit B.
ean
3Oos
BES
25 On October 18, 2018, Stanford timely and properly served a deposition subpoena
ga« 13 5
go
BS
pes
2s
Baa 14 for the Person Most Knowledgeable regarding Plaintiffs employment at Town of Portola Valley,
ope
ASE
gf
QtE
ga 15 and noticed the deposition for November 13, 2018. A true and correct copy of the Deposition
sac
ha
eS
Ba 16 Subpoena and corresponding Notice is attached as Exhibit C.
17 6 Pursuant to a request from the witness, Stanford served an amended deposition
18 notice setting the deposition for November 19, 2018. Incidentally, the witness was only available
19 on November 8 and November 13, the date on which Stanford originally noticed the deposition.
20 After much discussion regarding the date for the Town of Portola Valley deposition, Plaintiff's
21 counsel agreed to the November 13, 2018 deposition date on November 6, 2018. A true and
22 correct copy of Mr. Hagen’s November 6 email confirming the deposition is attached hereto as
23 Exhibit D.
24 7 Thereafter, Plaintiff's counsel changed his mind and indicated he intended to seek
25 a protective order and/or move to quash with respect to the subpoenas to Plaintiff’s former and
26 subsequent employer. On November 8, 2018, Plaintiff provided notice he intended to appear the
27 next day at 2:00 p.m. to request a temporary protective order. Defendant communicated it would
28
2-
DECLARATION OF AMBER EKLOF IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR PLAINTIFF’S MOTION TO QUASH STANFORD’S DEPOSITION
SUBPOENAS TO PLAINTIFF’S FORMER EMPLOYERS
attend and would oppose the application, and requested Plaintiffs papers. A true and correct
copy of the November 8, 2018 email exchange with Mr. Hagen is attached as Exhibit E.
Plaintiff failed to serve any formal objections to the deposition subpoenas, moving papers or
applications, or motions.
8 On November 9, Plaintiff cancelled his ex parte appearance at the last minute
before appearing, and communicated he intended to appear ex parte of Tuesday, November 13,
2018, the same date of the Town of Portola Valley deposition, for a temporary protective order.
A true and correct copy of the November 9, 2018 email from Mr. Hagen is attached as Exhibit
F. Once again, Plaintiff did not appear.
10 9 On November 13, Plaintiff communicated he intended to file a Motion to Quash
11 that day (November 13), and would appear ex parte on November 16, 2018 to have the Motion to
es
asn
gaz 12 Quash heard on shortened time. A true and correct copy of Mr. Hagen’s November 13, 2018
325
fa« 13 email is attached as Exhibit G.
G0
peses
2sag 14 10. On November 14, 2018, one day after the intended date of the Town of Portola
ope
oe 15 Valley deposition, and one day before the Pepperdine University PMK deposition, Plaintiff filed
sac
Bu the instant Motion to Quash the deposition subpoenas. Plaintiff did not send an electronic
Ba 16
17 courtesy copy of the Motion to Defendant — Defendant received a copy of the Motion in the mail
18 on November 15, 2018, even though the Proof alleged personal service. A true and correct copy
19 of Plaintiff's Notice of Motion and Proof of Service is attached as Exhibit H.
20 11. At the last minute, on November 16, 2018 at a hearing on another motion,
21 Plaintiff communicated he did not intend to appear ex parte that day, and cancelled his
22 appearance for the third time. A true and correct copy of Ms. Fitzsimmons’ November 16, 2018
23 email to Mr. Hagen confirming their conversation is attached as Exhibit I.
24 12. Pursuant to the Notice of Motion, Plaintiff's Motion is set for hearing on
25 December 11, 2018. However, according to the Court’s docket, the motion is not set for hearing
26 until January 11, 2019.
27
28 3.
DECLARATION OF AMBER EKLOF IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR PLAINTIFF’S MOTION TO QUASH STANFORD’S DEPOSITION
SUBPOENAS TO PLAINTIFF’S FORMER EMPLOYERS
13. On November 20, 2018, at 8:37 a.m., I emailed counsel for Plaintiff and counsel
for Alticor providing notice of my intent to move ex parte on Wednesday, November 21, 2018,
for an Order Shortening Time to hear Plaintiff’s Motion to Quash Stanford’s Deposition
Subpoenas to Town of Portola Valley and Pepperdine University. In my email, I communicated
that the hearing on the Motion was set for December 7 according to the Notice of Motion, and
we would be appearing to shorten the time to hear each motion. A true and correct copy of this
email is attached hereto as Exhibit J.
14. At 3:58 p.m., Mr. Hagen responded that he would appear, but could not indicate
whether he would oppose the application to shorten time to hear Plaintiffs motion. I sent a
10 follow up email to Mr. Hagen, in an effort to ascertain whether he intended to oppose the
ll application, and communicated that the Motion was currently set for a date beyond the trial date
es
as-
saz
295 12 and discovery motion cutoff, and thus required an order shortening time to hear the motion. A
sik
faa 13 true and correct copy of my email exchange with Mr. Hagen is attached hereto as Exhibit K.
gl
pes 14 15. Counsel for Alticor did not respond to indicate whether it intended to appear or
Bag
be
Zee 15 oppose the application.
sac
Bun
en
Ba 16 I declare under penalty of perjury under the laws of the State of California that the
17 foregoing is true and correct.
18 Executed this 21st day of November, 2018 at San Francisco, California.
19
20
Ah
21 Amber Eklof
22
23
24
25
26
27
28 -4-
DECLARATION OF AMBER EKLOF IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER
SHORTENING TIME TO HEAR PLAINTIFF’S MOTION TO QUASH STANFORD’S DEPOSITION
SUBPOENAS TO PLAINTIFF’S FORMER EMPLOYERS
10
11
gs
aesu 12
ean
$25
a's
cna< 13
gl
35
2¢
mES 14
az
Spe
Asse 15
gitc
ac
Sin 16
Ea
17
18
19
20
21
22
23
24
25
26
27
28
1121340/41309577¥.1
-5-
PROOF OF SERVICE
EXHIBITA
SUBP-015
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stato Bar number, and address): FOR COURT USE ONLY
Marcie Isom Fitzsimmons (SBN: 226906) Amber A. Eklof (SBN: 305750)
| Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
‘TELEPHONE NO. (415) 875-4131 FAX NO. (Optionay: (415) 986-8054
IE-MAIL ADDRESS (Optiona): ~misom@grsm.com aeklof@grsm.com
ATTORNEY FOR (Namo) TRUSTEES OF THE LELAND STANFORD JUNIOR
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
CITY AND ZIP CODE: Redwood City, CA
BRANCH NAME:
PLAINTIFF/ PETITIONER: ALI TAGHAVI
DEFENDANT/ RESPONDENT: TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY
‘CASE NUMBER:
DEPOSITION SUBPOENA 17C1V04570
FOR PERSONAL APPEARANCE
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Person Most Knowledgeable at Pepperdine University
24255 Pacific Coast Hwy., Malibu, CA 90265; Attn: Human Resources Dept.
41. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and
lace:
Date: Time: Address:
November 15, 2018 10:00 a.m. Gordon Rees Scully Mansukhani, LLP, 633 West Fifth St, 52" Fl, Los Angeles,
CA
a. EX] As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 2. (Code Civ. Proc., § 2025.230.)
b, XX This deposition will be recorded stenographically 1 through the instant visual display of testimony
and by 1 audiotape LE] videotape.
c, XX) This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d)
2. [XI If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as
follows:
See Attachment A
At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the
court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your
residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is
pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: 10/18/18
Marcie Isom Fitzsimmons (SBN 226906) >“~L-—
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA)
Attorney for Defendant Trustees of the Leland Stanford Junior University
(TITLE)
(Proof of service on reverse) Page1 of2
Form Adopted for Mandatory Use DEPOSITION SUBPOENA Code of Civil Procedure§§ 2020.310,
Judicial Council of California 2025.220, 2025.230, 2025.250, 2025.620
‘SUBP-016 [Rev. January1, 2009] FOR PERSONAL APPEARANCE Government Code, § 68097.1
www.courtinfo.ca.gov
‘American LegaiNet, Inc.
‘wownw.FormsWorkflow.com
SUBP-015
PLAINTIFF/PETITIONER: ALI TAGHAVI
CASE NUMBER:
17C1V04570
DEFENDANT/RESPONDENT: TRUSTEES OF THE LELAND STANFORD JUNIOR
UNIVERSITY
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
I served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows:
a. Person served (name):
b. Address where served:
Date of delivery:
Time ‘of delivery:
Witness fees and mileage both ways(oheck one
MO were paid. Amount...
@o were not paid.
@O were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify):
f. Fee for service:
| received this subpoena for service on (date):
Person serving:
Not a registered California process server
California sheriff or marshal
Registered California process server
Employee or independent contractor of a registered California process server
Exempt from registration under Business and Professions Code section 22350(b)
Registered professional photocopier
Exempt from registration under Business and Professions Code section 22451
Name, address, telephone number, and, if applicable, county of registration and number:
| declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. I certify that the foregoing is true and correct.
Date: Date:
> »
(SIGNATURE) (SIGNATURE)
‘SUBP-015 [Rev. January1, 2009} PROOF OF SERVICE OF Page
2 of 2
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
etican LegalNet, Inc.
‘wwrw.FormsWorkfow.com
1 MARCIE ISOM FITZSIMMONS (SBN: 226906)
AMBER A. EKLOF (SBN: 305750)
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 875-4131
Facsimile: (415) 986-8054
misom@grsm.com
aeklof@grsm.com
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
11
ALI TAGHAVI, an individual, CASE NO. 17CIV04570
gon
12
ganom
2
Plaintiff, DEFENDANT’S NOTICE OF
35Ba 13 DEPOSITION OF PERSON MOST
SBgn
yU VS. KNOWLEDGEABLE FOR
235 14 PEPPERDINE UNIVERSITY
pe
Baa THE LELAND STANFORD JUNIOR,
15 UNIVERSITY, a California nonprofit
ba
vee
sem corporation, doing business as STANFORD
ae 16 UNIVERSITY; ALTICOR, INC., a Michigan
mm g
gon corporation; and DOES 1-10, inclusive,
ga V7
Defendants. )
18
19
20 TO ALL PARTIES OF RECORD AND TO PEPPERDINE UNIVERSITY AND TO
21 ITS ATTORNEYS OF RECORD:
22 PLEASE TAKE NOTICE that on November 15, 2018 at 10:00 a.m., Defendant THE
23 LELAND STANFORD JUNIOR UNIVERSITY will take the deposition of the Person Most
24 Knowledgeable for Pepperdine University. The deposition will be taken at Law Offices of]
25 Gordon & Rees, located at 633 West Fifth St, 52"! Floor, Los Angeles, CA before a Notary
26 Public, and under oath.
27 The deposition will continue from day to day, excluding Saturdays, Sundays and
28 holidays, until completed. Pursuant to California Code of Civil Procedure section
-1-
DEFENDANT’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE
UNIVERSITY
2025.220(a)(6), this deposition may be recorded by videotape for use at trial, in addition to being
transcribed stenographically.
The Person Most Knowledgeable for Pepperdine University is requested to testify
regarding the topics set forth below in “Attachment A’.
Dated: October 18, 2018 GORDON REES SCULLY MANSUKHANI,
LLP
By: At
Marcie Isom Fitzsimmons
Amber A. Eklof
Attorneys for Defendant
TRUSTEES OF THE LELAND
10 STANFORD JUNIOR.
UNIVERSITY, erroneously sued
11 as THE LELAND STANFORD
JUNIOR UNIVERSITY
aon
12
gan‘o
2z
BEA 13
a3
ga
go
14
de£2
Ba
ar 15
Be
mm 16
gon
ga 17
18
19
20
21
22
23
24
25
26
27
28
-2-
DEFENDANT’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE
UNIVERSITY
Attachment A
The Person Most Knowledgeable for Pepperdine University is requested to testify
regarding the following highlighted topics:
1 Plaintiff Ali Taghavi’s performance while employed at Pepperdine
University as Director of Communications.
2. Plaintiff Ali Taghavi’s separation of employment from Pepperdine
University. -
10
ll
72 12
gon
gam
“2 13
gas
Zev
23 14
mE D
Ba
15
ge
ma 16
gon
ga 17
18
19
20
21
22
23
24
25
26
27
28
3-
DEFENDANT’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE
UNIVERSITY
PROOF OF SERVICE
Ali Taghavi v. The Leland Stanford University
San Mateo Superior Court Case No. 17CIV04570
lam 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’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE
FOR PEPPERDINE UNIVERSITY WITH SUBPOENA
Oo Via Electronic Transmission: By transmitting via electronic mail the document(s) listed
above to the e-mail address(es) set forth below.
x Via U.S. Mail: By placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in United States mail in the State of California at San
Francisco, addressed as set forth below.
10
Fredrick A. Hagen
ll BERDING & WEIL LLP
2175 N. California Blvd, Suite 500
72 12 Walnut Creek, California 94596
gon
gan‘o Telephone: 925-838-2090
geraa 13 Facsimile: 925-820-5592
ga< fhagen@berdingweil.com
gv
14
>§ Plaintiff’s Counsel
Ba
15
ee
$e David P. Zins Karen J. Kubin
mg 16 Morrison & Foerster LLP Morrison & Foerster LLP
BOW 707 Wilshire Blvd., Suite 6000 425 Market Street
ga 17 Los Angeles, CA 94105 San Francisco, CA 94105
Telephone: 213-892-5200 Telephone: 415-268-7000
18 Facsimile: 213-892-5454 Facsimile: 415-268-7522
dzins@mofo.com kkubin@mofo.com
19
Counsel for Defendant Alticor, Inc. Counsel for Defendant Alticor, Inc.
20
lam readily familiar with the firm’s practice of collection and processing correspondence
21 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
22 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.
23
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
25 Executed on October 18, 2018 atSan Francisco, California.
26
27
28 ‘Vanessa Santellan
4.
DEFENDANT’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE
UNIVERSITY
_ EXHIBIT B
MARCIE ISOM FITZSIMMONS (SBN: 226906)
AMBER A. EKLOF (SBN: 305750
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 875-4131
Facsimile: (415) 986-8054
misom@grsm.com
aeklof@grsm.com
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
11
ALI TAGHAVI, an individual CASE NO. 17CTV04570
72 12
gESn
gan Plaintiff, DEFENDANT’S AMENDED NOTICE
“22n 13 OF DEPOSITION OF PERSON
aa
Eas VS. MOST KNOWLEDGEABLE FOR
a0 PEPPERDINE UNIVERSITY
14
Bs
2Re THE LELAND STANFORD JUNIOR
Spe
as 15 UNIVERSITY, a California nonprofit
goa corporation, doing business as STANFORD
ag 16 UNIVERSITY; ALTICOR, INC., a Michigan
mask
210 corporation; and DOES 1-10, inclusive,
st
17
Defendants. )
18
19
20 TO ALL PARTIES OF RECORD AND TO PEPPERDINE UNIVERSITY AND TO
21 ITS ATTORNEYS OF RECORD
22 PLEASE TAKE NOTICE that on November 15, 2018 at 9:00 a.m., Defendant THE
23 LELAND STANFORD JUNIOR UNIVERSITY will take the deposition of the Person Most
24 Knowledgeable for Pepperdine University. The deposition will be taken at Pepperdine
25 University, 26750 Agoura Rd, Calabasas, CA before a Notary Public, and under oath,
26 The deposition will continue from day to day, excluding Saturdays, Sundays and
27 holidays, until completed. Pursuant to California Code of Civil Procedure section
28 2025.220(a)(6), this deposition may be recorded by videotape for use at trial, in addition to being
-I-
DEFENDANT’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR
PEPPERDINE UNIVERSITY
1 transcribed stenographically.
2 The Person Most Knowledgeable for Pepperdine University is requested to testify
regarding the topics set forth below in “Attachment A”.
Dated: October 23, 2018 GORDON REES SCULLY MANSUKHANI,
LLP
b-——
~
c
By
Marcie Isom Fitzsimmons
Amber A. Eklof
Attorneys for Defendant
TRUSTEES OF THE LELAND
STANFORD JUNIOR
UNIVERSITY, erroneously sued
10 as THE LELAND STANFORD
JUNIOR UNIVERSITY
11
72
2S 12
Eon
gan
223 13
sa
gas
£U
=3
pe
2s
14
aA
Pe 15
sf
gee
aad 16
Bin
sa 17
SC
18
19
20
21
22
23
24
25
26
27
28
-2-
DEFENDANT’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR,
PEPPERDINE UNIVERSITY
Attachment A
The Person Most Knowledgeable for Pepperdine University is requested to testify
regarding the following highlighted topics:
1 Plaintiff Ali Taghavi’s performance while employed at Pepperdine
University as Director of Communications.
2. Plaintiff Ali Taghavi’s separation of employment from Pepperdine
University.
10
11
72
25 12
eS
gam
Zar2
ssa 13
cat
sU
28 14
peg
2s
BOS
Spe 15
Gs
gfe
ao 16
Sua
ga 17
18
19
20
21
22
23
24
25
26
27
28
3-
DEFENDANT’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR
PEPPERDINE UNIVERSITY
SUBP-015
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
| Marcie |som Fitzsimmons (SBN: 226906) Amber A. Eklof (SBN: 305750)
| Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
TELEPHONE NO. (415) 875-4131 FAX NO. (Optiona): (415) 986-8054
E-MAIL ADDRESS (Optiona: ~misom@grsm.com aeklof@grsm.com
ATTORNEY FOR (Name): TRUSTEES OF THE LELAND STANFORD JUNIOR
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
CITY AND ZIP CODE: Redwood City, CA
‘BRANCH NAME,
PLAINTIFF/ PETITIONER: ALI TAGHAVI
DEFENDANT/ RESPONDENT: TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY
CASE NUMBER:
AMENDED DEPOSITION SUBPOENA 17C1V04570
FOR PERSONAL APPEARANCE
lee
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known)
Person Most Knowledgeable at Pepperdine University
24255 Pacific Coast Hwy., Malibu, CA 90265; Attn: Human Resources Dept.
41. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place:
Date: Time: Address:
November 15, 2018 9:00 a.m Pepperdine University, 26750 Agoura Rd, Calabasas, CA
a & As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 2. (Code Civ. Proc., § 2025.230.)
b, ® This deposition will be recorded stenographically 1 through the instant visual display of testimony
and by C1 audictape 1 videotape.
c. & This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d)
2. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as
follows
See Attachment A
At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you
sign the deposition, You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the
court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your
residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is
pending. The location of the deposition for all deponents is govemed by Code of Civil Procedure section 2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: 10/23/18 ,
Marcie Isom Fitzsimmons (SBN 226906) ~~ L-
(TYPE OR PRINT NAME) {SIGNATURE OF PERSON ISSUING SUBPOENA)
Attorney for Defendant Trustees of the Leland Stanford Junior University
(TTL)
(Proof of service on reverse) Page 1 of 2
Form Adopted for Mandatory Use DEPOSITION SUBPOENA Code of Givi Procedure §§ 2020.310,
Judicial Council of California 2025.20, 2025.280, 2025.250, 2025.620
‘SUBP-015 [Rev. January1, 2009] FOR PERSONAL APPEARANCE Government Code, § 66097.1
wwaw.courtinto.ca.gov
‘American Legal inc.
SUBP-015
PLAINTIFF/PETITIONER: ALI TAGHAVI ‘CASE NUMBER:
17C1V04570
DEFENDANT/RESPONDENT: TRUSTEES OF THE LELAND STANFORD JUNIOR
UNIVERSITY.
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
1. | served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows:
a. Person served (name):
b. Address where served:
Date of delivery:
Time of delivery:
Witness fees and mileage both ways (check one).
amo were paid. Amount... $
@o were not paid.
@0 were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify)...
f. Fee for service: ...
| received this subpoena for service on (date):
Person serving:
Not a registered California process server
California sheriff or marshal
Registered California process server
Employee or independent contractor of a registered California process server
Exempt from registration under Business and Professions Code section 22350(b)
Registered professional photocopier
Exempt from registration under Business and Professions Code section 22451
Name, address, telephone number, and, if applicable, county of registration and number:
| declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. | certify that the foregoing is true and correct.
Date: Date:
> >
(SIGNATURE) (SIGNATURE)
‘SUBP-015 [Rev. January 1, 2009] PROOF OF SERVICE OF Page 2 of2
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
American LegaiNet, Inc.
www.FormsWorkfow.com
PROOF OF SERVICE
Ali Taghavi v. The Leland Stanford University
San Mateo Superior Court Case No. 17CIV04570
lam 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’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST
KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY WITH SUBPOENA
Via U.S. Mail: By placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in United States mail in the State of California at San
Francisco, addressed as set forth below.
Fredrick A. Hagen
10
BERDING & WEIL LLP Plgiay
2175 N. California Blvd, Suite 500
Walnut Creek, California 94596
ll Telephone: 925-838-2090
Facsimile: 925-820-5592
2S 12
gon
gaz fhagen@berdingweil.com
zee 13
Ea Plaintiff's Counsel
and
14
> David P. Zins Karen J. Kubin
Morrison & Foerster LLP Morrison & Foerster LLP
pe 15 707 Wilshire Blvd., Suite 6000 425 Market Street
ro Los Angeles, CA 94105 San Francisco, CA 94105
16 Telephone: 213-892-5200 Telephone: 415-268-7000
a6
wn
Facsimile: 213-892-5454 Facsimile: 415-268-7522
17 dzins mofo.com kkubin@mofo.com
18 Counsel for Defendant Alticor, Inc. Counsel for Defendant Alticor, Inc.
19 Tam 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
20 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
21 meter date is more than one day after the date of deposit for mailing in affidavit.
22 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
23
Executed on October 23, 2018 at San Francisco, California.
24
25
26
Vanessa Santellan
27
8
1121340'40025263v 1
-4-
DEFENDANT’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR
PEPPERDINE UNIVERSITY
EXHIBIT Cc
1 MARCIE ISOM FITZSIMMONS (SBN: 226906)
AMBER A. EKLOF (SBN: 305750
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 875-4131
Facs
Preview
D ILECOU MARCIE ISOM FITZSIMMONS (SBN: 226906) SAN MATEO NTY AMBER A. EKLOF (SBN: 305750, NOY 26 2018 GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 misom@grsm.com aeklof@grsm.com = c owes Attorneys for Defendant Declaration in Support 151 ill il I nn TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, erroneously sued as THE LELAND STANFORD JUNIOR UNIVERSITY J . SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 es asu sac 12 ALI TAGHAVI, an individual, CASE NO. 17CIV04570 Zoe Bea cA« 13 Plaintiff, DECLARATION OF AMBER EKLOF gO IN SUPPORT OF EX PARTE BS 2s pe Ss 14 vs. APPLICATION FOR AN ORDER Ass pe SHORTENING TIME TO HEAR ate Se 15 THE LELAND STANFORD JUNIOR PLAINTIFF’S MOTION TO QUASH Sac UNIVERSITY, a California nonprofit STANFORD’S DEPOSITION hn Ba 16 corporation, doing business as STANFORD SUBPOENAS TO PLAINTIFF’S UNIVERSITY; ALTICOR, INC., a Michigan FORMER EMPLOYERS 17 corporation; and DOES 1-10, inclusive, Date: November 21, 2018 18 Defendants. Time: 2:00 PM Dept.: Law and Motion 19 Complaint Filed: October 4, 2017 20 Trial Date: December 17, 2018 21 22 23 I, Amber Eklof, declare as follows: 24 1 I am an attorney at law licensed to practice before all courts of the State of 25 California and am an Associate in the law firm of Gordon Rees Scully Mansukhani, LLP, 26 attorneys for the Defendant THE LELAND STANFORD JUNIOR UNIVERSITY, a California 27 nonprofit corporation, doing business as STANFORD UNIVERSITY (“Stanford”). I have 28 -l- DECLARATION OF AMBER EKLOF IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR PLAINTIFF’S MOTION TO QUASH STANFORD’S DEPOSITION SUBPOENAS TO PLAINTIFF’S FORMER EMPLOYERS personal knowledge of the matters contained in this declaration and if called to testify to them could and would do so competently. 2. Trial is currently set for December 17, 2018. Under the Code of Civil Procedure, the last day for the Court to hear discovery motions is December 3, 2018. 3 On October 18, 2018, my office timely and properly served a deposition subpoena for the Person Most Knowledgeable regarding Plaintiff's employment to Pepperdine University, and noticed the deposition for November 15, 2018. A true and correct copy of the Deposition Subpoena and corresponding Notice is attached as Exhibit A. 4. On October 23, 2018, my office served an amended deposition notice for the 10 same date - November 15 — but included a new time and location, specifically Pepperdine 11 University, pursuant to a request from the intended witness. A true and correct copy of the ee es 12 Deposition Subpoena and corresponding Notice is attached as Exhibit B. ean 3Oos BES 25 On October 18, 2018, Stanford timely and properly served a deposition subpoena ga« 13 5 go BS pes 2s Baa 14 for the Person Most Knowledgeable regarding Plaintiffs employment at Town of Portola Valley, ope ASE gf QtE ga 15 and noticed the deposition for November 13, 2018. A true and correct copy of the Deposition sac ha eS Ba 16 Subpoena and corresponding Notice is attached as Exhibit C. 17 6 Pursuant to a request from the witness, Stanford served an amended deposition 18 notice setting the deposition for November 19, 2018. Incidentally, the witness was only available 19 on November 8 and November 13, the date on which Stanford originally noticed the deposition. 20 After much discussion regarding the date for the Town of Portola Valley deposition, Plaintiff's 21 counsel agreed to the November 13, 2018 deposition date on November 6, 2018. A true and 22 correct copy of Mr. Hagen’s November 6 email confirming the deposition is attached hereto as 23 Exhibit D. 24 7 Thereafter, Plaintiff's counsel changed his mind and indicated he intended to seek 25 a protective order and/or move to quash with respect to the subpoenas to Plaintiff’s former and 26 subsequent employer. On November 8, 2018, Plaintiff provided notice he intended to appear the 27 next day at 2:00 p.m. to request a temporary protective order. Defendant communicated it would 28 2- DECLARATION OF AMBER EKLOF IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR PLAINTIFF’S MOTION TO QUASH STANFORD’S DEPOSITION SUBPOENAS TO PLAINTIFF’S FORMER EMPLOYERS attend and would oppose the application, and requested Plaintiffs papers. A true and correct copy of the November 8, 2018 email exchange with Mr. Hagen is attached as Exhibit E. Plaintiff failed to serve any formal objections to the deposition subpoenas, moving papers or applications, or motions. 8 On November 9, Plaintiff cancelled his ex parte appearance at the last minute before appearing, and communicated he intended to appear ex parte of Tuesday, November 13, 2018, the same date of the Town of Portola Valley deposition, for a temporary protective order. A true and correct copy of the November 9, 2018 email from Mr. Hagen is attached as Exhibit F. Once again, Plaintiff did not appear. 10 9 On November 13, Plaintiff communicated he intended to file a Motion to Quash 11 that day (November 13), and would appear ex parte on November 16, 2018 to have the Motion to es asn gaz 12 Quash heard on shortened time. A true and correct copy of Mr. Hagen’s November 13, 2018 325 fa« 13 email is attached as Exhibit G. G0 peses 2sag 14 10. On November 14, 2018, one day after the intended date of the Town of Portola ope oe 15 Valley deposition, and one day before the Pepperdine University PMK deposition, Plaintiff filed sac Bu the instant Motion to Quash the deposition subpoenas. Plaintiff did not send an electronic Ba 16 17 courtesy copy of the Motion to Defendant — Defendant received a copy of the Motion in the mail 18 on November 15, 2018, even though the Proof alleged personal service. A true and correct copy 19 of Plaintiff's Notice of Motion and Proof of Service is attached as Exhibit H. 20 11. At the last minute, on November 16, 2018 at a hearing on another motion, 21 Plaintiff communicated he did not intend to appear ex parte that day, and cancelled his 22 appearance for the third time. A true and correct copy of Ms. Fitzsimmons’ November 16, 2018 23 email to Mr. Hagen confirming their conversation is attached as Exhibit I. 24 12. Pursuant to the Notice of Motion, Plaintiff's Motion is set for hearing on 25 December 11, 2018. However, according to the Court’s docket, the motion is not set for hearing 26 until January 11, 2019. 27 28 3. DECLARATION OF AMBER EKLOF IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR PLAINTIFF’S MOTION TO QUASH STANFORD’S DEPOSITION SUBPOENAS TO PLAINTIFF’S FORMER EMPLOYERS 13. On November 20, 2018, at 8:37 a.m., I emailed counsel for Plaintiff and counsel for Alticor providing notice of my intent to move ex parte on Wednesday, November 21, 2018, for an Order Shortening Time to hear Plaintiff’s Motion to Quash Stanford’s Deposition Subpoenas to Town of Portola Valley and Pepperdine University. In my email, I communicated that the hearing on the Motion was set for December 7 according to the Notice of Motion, and we would be appearing to shorten the time to hear each motion. A true and correct copy of this email is attached hereto as Exhibit J. 14. At 3:58 p.m., Mr. Hagen responded that he would appear, but could not indicate whether he would oppose the application to shorten time to hear Plaintiffs motion. I sent a 10 follow up email to Mr. Hagen, in an effort to ascertain whether he intended to oppose the ll application, and communicated that the Motion was currently set for a date beyond the trial date es as- saz 295 12 and discovery motion cutoff, and thus required an order shortening time to hear the motion. A sik faa 13 true and correct copy of my email exchange with Mr. Hagen is attached hereto as Exhibit K. gl pes 14 15. Counsel for Alticor did not respond to indicate whether it intended to appear or Bag be Zee 15 oppose the application. sac Bun en Ba 16 I declare under penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. 18 Executed this 21st day of November, 2018 at San Francisco, California. 19 20 Ah 21 Amber Eklof 22 23 24 25 26 27 28 -4- DECLARATION OF AMBER EKLOF IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR PLAINTIFF’S MOTION TO QUASH STANFORD’S DEPOSITION SUBPOENAS TO PLAINTIFF’S FORMER EMPLOYERS 10 11 gs aesu 12 ean $25 a's cna< 13 gl 35 2¢ mES 14 az Spe Asse 15 gitc ac Sin 16 Ea 17 18 19 20 21 22 23 24 25 26 27 28 1121340/41309577¥.1 -5- PROOF OF SERVICE EXHIBITA SUBP-015 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stato Bar number, and address): FOR COURT USE ONLY Marcie Isom Fitzsimmons (SBN: 226906) Amber A. Eklof (SBN: 305750) | Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 ‘TELEPHONE NO. (415) 875-4131 FAX NO. (Optionay: (415) 986-8054 IE-MAIL ADDRESS (Optiona): ~misom@grsm.com aeklof@grsm.com ATTORNEY FOR (Namo) TRUSTEES OF THE LELAND STANFORD JUNIOR SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: CITY AND ZIP CODE: Redwood City, CA BRANCH NAME: PLAINTIFF/ PETITIONER: ALI TAGHAVI DEFENDANT/ RESPONDENT: TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY ‘CASE NUMBER: DEPOSITION SUBPOENA 17C1V04570 FOR PERSONAL APPEARANCE THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): Person Most Knowledgeable at Pepperdine University 24255 Pacific Coast Hwy., Malibu, CA 90265; Attn: Human Resources Dept. 41. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and lace: Date: Time: Address: November 15, 2018 10:00 a.m. Gordon Rees Scully Mansukhani, LLP, 633 West Fifth St, 52" Fl, Los Angeles, CA a. EX] As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 2. (Code Civ. Proc., § 2025.230.) b, XX This deposition will be recorded stenographically 1 through the instant visual display of testimony and by 1 audiotape LE] videotape. c, XX) This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d) 2. [XI If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as follows: See Attachment A At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: 10/18/18 Marcie Isom Fitzsimmons (SBN 226906) >“~L-— (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA) Attorney for Defendant Trustees of the Leland Stanford Junior University (TITLE) (Proof of service on reverse) Page1 of2 Form Adopted for Mandatory Use DEPOSITION SUBPOENA Code of Civil Procedure§§ 2020.310, Judicial Council of California 2025.220, 2025.230, 2025.250, 2025.620 ‘SUBP-016 [Rev. January1, 2009] FOR PERSONAL APPEARANCE Government Code, § 68097.1 www.courtinfo.ca.gov ‘American LegaiNet, Inc. ‘wownw.FormsWorkflow.com SUBP-015 PLAINTIFF/PETITIONER: ALI TAGHAVI CASE NUMBER: 17C1V04570 DEFENDANT/RESPONDENT: TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE I served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: Date of delivery: Time ‘of delivery: Witness fees and mileage both ways(oheck one MO were paid. Amount... @o were not paid. @O were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify): f. Fee for service: | received this subpoena for service on (date): Person serving: Not a registered California process server California sheriff or marshal Registered California process server Employee or independent contractor of a registered California process server Exempt from registration under Business and Professions Code section 22350(b) Registered professional photocopier Exempt from registration under Business and Professions Code section 22451 Name, address, telephone number, and, if applicable, county of registration and number: | declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: > » (SIGNATURE) (SIGNATURE) ‘SUBP-015 [Rev. January1, 2009} PROOF OF SERVICE OF Page 2 of 2 DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE etican LegalNet, Inc. ‘wwrw.FormsWorkfow.com 1 MARCIE ISOM FITZSIMMONS (SBN: 226906) AMBER A. EKLOF (SBN: 305750) GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 875-4131 Facsimile: (415) 986-8054 misom@grsm.com aeklof@grsm.com 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 11 ALI TAGHAVI, an individual, CASE NO. 17CIV04570 gon 12 ganom 2 Plaintiff, DEFENDANT’S NOTICE OF 35Ba 13 DEPOSITION OF PERSON MOST SBgn yU VS. KNOWLEDGEABLE FOR 235 14 PEPPERDINE UNIVERSITY pe Baa THE LELAND STANFORD JUNIOR, 15 UNIVERSITY, a California nonprofit ba vee sem corporation, doing business as STANFORD ae 16 UNIVERSITY; ALTICOR, INC., a Michigan mm g gon corporation; and DOES 1-10, inclusive, ga V7 Defendants. ) 18 19 20 TO ALL PARTIES OF RECORD AND TO PEPPERDINE UNIVERSITY AND TO 21 ITS ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that on November 15, 2018 at 10:00 a.m., Defendant THE 23 LELAND STANFORD JUNIOR UNIVERSITY will take the deposition of the Person Most 24 Knowledgeable for Pepperdine University. The deposition will be taken at Law Offices of] 25 Gordon & Rees, located at 633 West Fifth St, 52"! Floor, Los Angeles, CA before a Notary 26 Public, and under oath. 27 The deposition will continue from day to day, excluding Saturdays, Sundays and 28 holidays, until completed. Pursuant to California Code of Civil Procedure section -1- DEFENDANT’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY 2025.220(a)(6), this deposition may be recorded by videotape for use at trial, in addition to being transcribed stenographically. The Person Most Knowledgeable for Pepperdine University is requested to testify regarding the topics set forth below in “Attachment A’. Dated: October 18, 2018 GORDON REES SCULLY MANSUKHANI, LLP By: At Marcie Isom Fitzsimmons Amber A. Eklof Attorneys for Defendant TRUSTEES OF THE LELAND 10 STANFORD JUNIOR. UNIVERSITY, erroneously sued 11 as THE LELAND STANFORD JUNIOR UNIVERSITY aon 12 gan‘o 2z BEA 13 a3 ga go 14 de£2 Ba ar 15 Be mm 16 gon ga 17 18 19 20 21 22 23 24 25 26 27 28 -2- DEFENDANT’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY Attachment A The Person Most Knowledgeable for Pepperdine University is requested to testify regarding the following highlighted topics: 1 Plaintiff Ali Taghavi’s performance while employed at Pepperdine University as Director of Communications. 2. Plaintiff Ali Taghavi’s separation of employment from Pepperdine University. - 10 ll 72 12 gon gam “2 13 gas Zev 23 14 mE D Ba 15 ge ma 16 gon ga 17 18 19 20 21 22 23 24 25 26 27 28 3- DEFENDANT’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY PROOF OF SERVICE Ali Taghavi v. The Leland Stanford University San Mateo Superior Court Case No. 17CIV04570 lam 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’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY WITH SUBPOENA Oo Via Electronic Transmission: By transmitting via electronic mail the document(s) listed above to the e-mail address(es) set forth below. x Via U.S. Mail: By placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in United States mail in the State of California at San Francisco, addressed as set forth below. 10 Fredrick A. Hagen ll BERDING & WEIL LLP 2175 N. California Blvd, Suite 500 72 12 Walnut Creek, California 94596 gon gan‘o Telephone: 925-838-2090 geraa 13 Facsimile: 925-820-5592 ga< fhagen@berdingweil.com gv 14 >§ Plaintiff’s Counsel Ba 15 ee $e David P. Zins Karen J. Kubin mg 16 Morrison & Foerster LLP Morrison & Foerster LLP BOW 707 Wilshire Blvd., Suite 6000 425 Market Street ga 17 Los Angeles, CA 94105 San Francisco, CA 94105 Telephone: 213-892-5200 Telephone: 415-268-7000 18 Facsimile: 213-892-5454 Facsimile: 415-268-7522 dzins@mofo.com kkubin@mofo.com 19 Counsel for Defendant Alticor, Inc. Counsel for Defendant Alticor, Inc. 20 lam readily familiar with the firm’s practice of collection and processing correspondence 21 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 22 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. 23 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 25 Executed on October 18, 2018 atSan Francisco, California. 26 27 28 ‘Vanessa Santellan 4. DEFENDANT’S NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY _ EXHIBIT B MARCIE ISOM FITZSIMMONS (SBN: 226906) AMBER A. EKLOF (SBN: 305750 GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 875-4131 Facsimile: (415) 986-8054 misom@grsm.com aeklof@grsm.com 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 11 ALI TAGHAVI, an individual CASE NO. 17CTV04570 72 12 gESn gan Plaintiff, DEFENDANT’S AMENDED NOTICE “22n 13 OF DEPOSITION OF PERSON aa Eas VS. MOST KNOWLEDGEABLE FOR a0 PEPPERDINE UNIVERSITY 14 Bs 2Re THE LELAND STANFORD JUNIOR Spe as 15 UNIVERSITY, a California nonprofit goa corporation, doing business as STANFORD ag 16 UNIVERSITY; ALTICOR, INC., a Michigan mask 210 corporation; and DOES 1-10, inclusive, st 17 Defendants. ) 18 19 20 TO ALL PARTIES OF RECORD AND TO PEPPERDINE UNIVERSITY AND TO 21 ITS ATTORNEYS OF RECORD 22 PLEASE TAKE NOTICE that on November 15, 2018 at 9:00 a.m., Defendant THE 23 LELAND STANFORD JUNIOR UNIVERSITY will take the deposition of the Person Most 24 Knowledgeable for Pepperdine University. The deposition will be taken at Pepperdine 25 University, 26750 Agoura Rd, Calabasas, CA before a Notary Public, and under oath, 26 The deposition will continue from day to day, excluding Saturdays, Sundays and 27 holidays, until completed. Pursuant to California Code of Civil Procedure section 28 2025.220(a)(6), this deposition may be recorded by videotape for use at trial, in addition to being -I- DEFENDANT’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY 1 transcribed stenographically. 2 The Person Most Knowledgeable for Pepperdine University is requested to testify regarding the topics set forth below in “Attachment A”. Dated: October 23, 2018 GORDON REES SCULLY MANSUKHANI, LLP b-—— ~ c By Marcie Isom Fitzsimmons Amber A. Eklof Attorneys for Defendant TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, erroneously sued 10 as THE LELAND STANFORD JUNIOR UNIVERSITY 11 72 2S 12 Eon gan 223 13 sa gas £U =3 pe 2s 14 aA Pe 15 sf gee aad 16 Bin sa 17 SC 18 19 20 21 22 23 24 25 26 27 28 -2- DEFENDANT’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR, PEPPERDINE UNIVERSITY Attachment A The Person Most Knowledgeable for Pepperdine University is requested to testify regarding the following highlighted topics: 1 Plaintiff Ali Taghavi’s performance while employed at Pepperdine University as Director of Communications. 2. Plaintiff Ali Taghavi’s separation of employment from Pepperdine University. 10 11 72 25 12 eS gam Zar2 ssa 13 cat sU 28 14 peg 2s BOS Spe 15 Gs gfe ao 16 Sua ga 17 18 19 20 21 22 23 24 25 26 27 28 3- DEFENDANT’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY SUBP-015 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY | Marcie |som Fitzsimmons (SBN: 226906) Amber A. Eklof (SBN: 305750) | Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 TELEPHONE NO. (415) 875-4131 FAX NO. (Optiona): (415) 986-8054 E-MAIL ADDRESS (Optiona: ~misom@grsm.com aeklof@grsm.com ATTORNEY FOR (Name): TRUSTEES OF THE LELAND STANFORD JUNIOR SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: CITY AND ZIP CODE: Redwood City, CA ‘BRANCH NAME, PLAINTIFF/ PETITIONER: ALI TAGHAVI DEFENDANT/ RESPONDENT: TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY CASE NUMBER: AMENDED DEPOSITION SUBPOENA 17C1V04570 FOR PERSONAL APPEARANCE lee THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known) Person Most Knowledgeable at Pepperdine University 24255 Pacific Coast Hwy., Malibu, CA 90265; Attn: Human Resources Dept. 41. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: Time: Address: November 15, 2018 9:00 a.m Pepperdine University, 26750 Agoura Rd, Calabasas, CA a & As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 2. (Code Civ. Proc., § 2025.230.) b, ® This deposition will be recorded stenographically 1 through the instant visual display of testimony and by C1 audictape 1 videotape. c. & This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d) 2. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as follows See Attachment A At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition, You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is pending. The location of the deposition for all deponents is govemed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: 10/23/18 , Marcie Isom Fitzsimmons (SBN 226906) ~~ L- (TYPE OR PRINT NAME) {SIGNATURE OF PERSON ISSUING SUBPOENA) Attorney for Defendant Trustees of the Leland Stanford Junior University (TTL) (Proof of service on reverse) Page 1 of 2 Form Adopted for Mandatory Use DEPOSITION SUBPOENA Code of Givi Procedure §§ 2020.310, Judicial Council of California 2025.20, 2025.280, 2025.250, 2025.620 ‘SUBP-015 [Rev. January1, 2009] FOR PERSONAL APPEARANCE Government Code, § 66097.1 wwaw.courtinto.ca.gov ‘American Legal inc. SUBP-015 PLAINTIFF/PETITIONER: ALI TAGHAVI ‘CASE NUMBER: 17C1V04570 DEFENDANT/RESPONDENT: TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY. PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 1. | served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: Date of delivery: Time of delivery: Witness fees and mileage both ways (check one). amo were paid. Amount... $ @o were not paid. @0 were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify)... f. Fee for service: ... | received this subpoena for service on (date): Person serving: Not a registered California process server California sheriff or marshal Registered California process server Employee or independent contractor of a registered California process server Exempt from registration under Business and Professions Code section 22350(b) Registered professional photocopier Exempt from registration under Business and Professions Code section 22451 Name, address, telephone number, and, if applicable, county of registration and number: | declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. | certify that the foregoing is true and correct. Date: Date: > > (SIGNATURE) (SIGNATURE) ‘SUBP-015 [Rev. January 1, 2009] PROOF OF SERVICE OF Page 2 of2 DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE American LegaiNet, Inc. www.FormsWorkfow.com PROOF OF SERVICE Ali Taghavi v. The Leland Stanford University San Mateo Superior Court Case No. 17CIV04570 lam 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’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY WITH SUBPOENA Via U.S. Mail: By placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in United States mail in the State of California at San Francisco, addressed as set forth below. Fredrick A. Hagen 10 BERDING & WEIL LLP Plgiay 2175 N. California Blvd, Suite 500 Walnut Creek, California 94596 ll Telephone: 925-838-2090 Facsimile: 925-820-5592 2S 12 gon gaz fhagen@berdingweil.com zee 13 Ea Plaintiff's Counsel and 14 > David P. Zins Karen J. Kubin Morrison & Foerster LLP Morrison & Foerster LLP pe 15 707 Wilshire Blvd., Suite 6000 425 Market Street ro Los Angeles, CA 94105 San Francisco, CA 94105 16 Telephone: 213-892-5200 Telephone: 415-268-7000 a6 wn Facsimile: 213-892-5454 Facsimile: 415-268-7522 17 dzins mofo.com kkubin@mofo.com 18 Counsel for Defendant Alticor, Inc. Counsel for Defendant Alticor, Inc. 19 Tam 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 20 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 21 meter date is more than one day after the date of deposit for mailing in affidavit. 22 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 23 Executed on October 23, 2018 at San Francisco, California. 24 25 26 Vanessa Santellan 27 8 1121340'40025263v 1 -4- DEFENDANT’S AMENDED NOTICE OF DEPOSITION OF PERSON MOST KNOWLEDGEABLE FOR PEPPERDINE UNIVERSITY EXHIBIT Cc 1 MARCIE ISOM FITZSIMMONS (SBN: 226906) AMBER A. EKLOF (SBN: 305750 GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 875-4131 Facs