Preview
Russell K. Ryan, #139835
MOTSCHIEDLER, MICHAELIDES, WISHON, i /16/2020
-FILED
2:05 PM
BREWER & RYAN, LLP Superior Court of California
1690 West Shaw Avenue, Suite 200 County of Fresno
Fresno, California 93711 By: C. York, Deputy
Telephone (559) 439-4000
Facsimile (559) 439-5654
Attorneys for Plaintiff
DAVID B. KAYE, M.D.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
9
DAVID B. KAYE, M.D., Case No.: 17CECG04183
10
Plaintiff, NOTICE OF ENTRY OF ORDER
ll CONTINUING TRIAL, PRE-TRIAL
Vv CONFERENCE, AND MANDATORY
12 SETTLEMENT CONFERENCE
13 FRESNO SURGERY CENTER, a
California Limited Partnershi dba
14 FRESNO SURGICAL HOSPITAL, FSC
HOSPITAL, LLC, a Delaware Limited
15 Liability Company dba FRESNO
SURGICAL OSPITAL, and DOES 1
16 through 100, inclusive.
17 Defendants.
18
19 TO DEFENDANTS AND ITS ATTORNEYS OF RECORD:
20 PLEASE TAKE NOTICE that the Stipulation and Order Continuing Trial,
21 Pre-Trial Conference and Mandatory Settlement Conference attached hereto as Exhibit
22 A was signed by the court and entered on April 7, 2020.
23 Dated: April 16, 2020 MOTSCHIEDLER, MICHAELIDES,
WISHON, BREWER & RYAN, LLP
24
25 2 nt ey
26 Lat
By Boot
27 Russell K. Ryan, Attorneys for
Plaintiff David B. Kaye, M.D.
28
MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER & ele
RYAN, LLP.
{00995/001 0//S87917. DOC} Notice of Entry of Order Continuing Trial
EXHIBIT A
os -
i
MOTSCHI ED
Russell K. RB an, #139835
LER, MICHAELIDES, WISHON,
ILED
APR 0? 2020
BREWER & RYAN, LLP
1690 West Shaw Avenue, Suite 200 FRESNO COUNTY SUPERIOR COURT
Fresno, California 93711 By, DEPUTY
Telephone (559) 439-4000
Facsimile (559) 439-5654
RECEIVED
Attorneys for Plaintiff 3/19/2020 3:06 PM
DAVID B. KAYE, M.D. FRESNO COUNTY SUPERIOR COURT
Lope.
SUPERIOR COURT OF THE STATE One ALTE ORMTA”
COUNTY OF FRESNO
9
DAVID B. KAYE, M.D., Case No.: 17CECG04183
10
Plaintiff, STIPULATION AND ORDER
11 CONTINUING TRIAL, PRE-TRIAL
Vv. CONFERENCE, AND MANDATORY
12 SETTLEMENT CONFERENCE
13 FRESNO SURGERY CENTER,
California Limited Partnershi dba Current Trial Date: June 22, 2020
FRESNO SURGICAL HOSPITAL, FSC New Trial Date: February 1, 2021]
14
HOSPITAL, LLC, a Delaware Limited
15 Liabili
SURG) 1 Company dba FRESNO
AL HOSPITAL, and DOES 1
through 100, inclusive,
16
17 Defendants.
18
19 ITs HEREBY STIPULATED between the parties in the above-entitled
20 action, through their respective counsel of record, that the trial of this matter currently
21 scheduled for June 22, 2020 be continued to February 1, 2021 at 9:00 a.m. in
22 Department 502.
23 IT IS FURTHER STIPULATED that the Trial Readiness Conference in
24 this matter be continued to January 29, 2021 at 9:30 a.m. in Department 502 of the
25 above-entitled court and that the Mandatory Settlement Conference in this matter be
26 continued to December 17, 2020 at 1:30 p.m. in Conference Room 575 of the above-
27 entitled court.
28 fil
MOTSCHIEDLER,
Sens
MICHAELADES.
‘WISHION, BREX
RYAN, LLP,
ole
{00995/0010//586274,
DOC} Stipulation and Order to Continue Trial, etc.
— -
- =a, NY ‘
It is also STIPULATED that all pretrial deadlines, including discovery
will be based from the continued trial date as if that date had been the initial trial date in
the matter.
Dated: March 19, 2020 MOTSCHIEDLER, MICHAELIDES,
WISHON, BREWER & RYAN, LLP
“oDee
raghorse
2
By ttt,
Russell K. Ryan, Attorneys
Plaintiff David B. Kaye, M.D.
10 Dated: March 19, 2020 WEST, BORGES & ROSA, LLP
It
12
13 By:
4
Steph Ron ‘Attorneys for
14 Defendants Fresno Surgery Center, LP
15 dba Fresno Surgical Hospital and FSC
Hospital, LLC
16
7
18 ORDER
19 IT IS SO ORDERED,
20.
Q
21 Dated: -Merci / » 2020
22
23
Fudge 0
eee
Superior Cou
24
25
26
27
28
TEDLER,
MICTIAELIDES, “2+
WISHON, BREWER&
VAN, LLP
{00995/00101/586274,DOC} Silpilatian and Order to Continue Trial, ae
PROOF OF SERVICE
1, the undersigned, declare:
iam a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the
within action. fam an employee of Motschiedier, Michaelides & Wishon, LLP, and my business address is 1690 West Shaw
Avenue, Suite 200, Fresno, California, 93711.
On April 16, 2020, E caused to be served the following document(s): NOTICE OF ENTRY OF ORDER
CONTINUING TRIAL, PRE-TRIAL CONFERENCE, AND MANDATORY SETTLEMENT CONFERENCE on the
parties involved addressed as follows:
Fredrick M. Borges, Esq.
Stephen A. Rosa, Esq,
Elizabeth D. Ammann, Esq,
WEST, BORGES, ROSA, LLP
1301 Dove Street, Suite 700
Newport Beach, California 92660-2470
10
11 O BY PERSONAL DELIVERY:
offices of each addressee above.
| caused each such envelope to be delivered by hand to the
12
13 a BY U.S, MAIL: [caused each envelope, with postage thereon fully prepaid, to be placed in the United
States mail at Fresno, California. | am readily familiar with the business practice for collection and processing of mail
in this office; and that in the ordinary course of business said document would be deposited with the U.S. Postal
14 Service in Fresno, California on that same day. J understand that service shall be presumed invalid upon motion of a.
party served if the postal cancellation date or postage meter date on the envelope is more than one day after the date
45 of deposit for mailing contained in this declaration.
16
BY FACSIMILE: By use ofa facsimile machine telephone mumber (559) 439 5654, | served a copy of the within
17 document(s) on the above interested parties at the facsimile numbers listed above. The transmission was reported as
complete without error, The transmission report, which is attached to this proof of service, was properly issued by
18 the transmitting facsimile machine,
19 BY FEDERAL EXPRESS OVERNIGHT DELIVERY: I caused each envelope, with delivery fees provided for,
to be picked up on this date by a Courier employed by Federal Express or deposited in a box regularly maintained by
20 Federal Express. | am readily familiar with this firm’s practice for collection and processing of documents for
overnight delivery and know that in the ordinary course of this firm’s business practice the document(s) described
21 above will either be deposited in a box or other facility regularly maintained by Federal Express or delivered to an
authorized courier or driver authorized to receive documents on the same date that it is placed for collection.
22
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
23 Executed at Fresno, California on April 16, 2020.
24
Brigh ell
25
26
27
28
MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP.
“2.
{06995/001 0//587917,.DOC} Notice of Entry of Order Continuing Trial
Preview
Russell K. Ryan, #139835 MOTSCHIEDLER, MICHAELIDES, WISHON, i /16/2020 -FILED 2:05 PM BREWER & RYAN, LLP Superior Court of California 1690 West Shaw Avenue, Suite 200 County of Fresno Fresno, California 93711 By: C. York, Deputy Telephone (559) 439-4000 Facsimile (559) 439-5654 Attorneys for Plaintiff DAVID B. KAYE, M.D. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO 9 DAVID B. KAYE, M.D., Case No.: 17CECG04183 10 Plaintiff, NOTICE OF ENTRY OF ORDER ll CONTINUING TRIAL, PRE-TRIAL Vv CONFERENCE, AND MANDATORY 12 SETTLEMENT CONFERENCE 13 FRESNO SURGERY CENTER, a California Limited Partnershi dba 14 FRESNO SURGICAL HOSPITAL, FSC HOSPITAL, LLC, a Delaware Limited 15 Liability Company dba FRESNO SURGICAL OSPITAL, and DOES 1 16 through 100, inclusive. 17 Defendants. 18 19 TO DEFENDANTS AND ITS ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE that the Stipulation and Order Continuing Trial, 21 Pre-Trial Conference and Mandatory Settlement Conference attached hereto as Exhibit 22 A was signed by the court and entered on April 7, 2020. 23 Dated: April 16, 2020 MOTSCHIEDLER, MICHAELIDES, WISHON, BREWER & RYAN, LLP 24 25 2 nt ey 26 Lat By Boot 27 Russell K. Ryan, Attorneys for Plaintiff David B. Kaye, M.D. 28 MOTSCHIEDLER, MICHAELIDES, WISHON, BREWER & ele RYAN, LLP. {00995/001 0//S87917. DOC} Notice of Entry of Order Continuing Trial EXHIBIT A os - i MOTSCHI ED Russell K. RB an, #139835 LER, MICHAELIDES, WISHON, ILED APR 0? 2020 BREWER & RYAN, LLP 1690 West Shaw Avenue, Suite 200 FRESNO COUNTY SUPERIOR COURT Fresno, California 93711 By, DEPUTY Telephone (559) 439-4000 Facsimile (559) 439-5654 RECEIVED Attorneys for Plaintiff 3/19/2020 3:06 PM DAVID B. KAYE, M.D. FRESNO COUNTY SUPERIOR COURT Lope. SUPERIOR COURT OF THE STATE One ALTE ORMTA” COUNTY OF FRESNO 9 DAVID B. KAYE, M.D., Case No.: 17CECG04183 10 Plaintiff, STIPULATION AND ORDER 11 CONTINUING TRIAL, PRE-TRIAL Vv. CONFERENCE, AND MANDATORY 12 SETTLEMENT CONFERENCE 13 FRESNO SURGERY CENTER, California Limited Partnershi dba Current Trial Date: June 22, 2020 FRESNO SURGICAL HOSPITAL, FSC New Trial Date: February 1, 2021] 14 HOSPITAL, LLC, a Delaware Limited 15 Liabili SURG) 1 Company dba FRESNO AL HOSPITAL, and DOES 1 through 100, inclusive, 16 17 Defendants. 18 19 ITs HEREBY STIPULATED between the parties in the above-entitled 20 action, through their respective counsel of record, that the trial of this matter currently 21 scheduled for June 22, 2020 be continued to February 1, 2021 at 9:00 a.m. in 22 Department 502. 23 IT IS FURTHER STIPULATED that the Trial Readiness Conference in 24 this matter be continued to January 29, 2021 at 9:30 a.m. in Department 502 of the 25 above-entitled court and that the Mandatory Settlement Conference in this matter be 26 continued to December 17, 2020 at 1:30 p.m. in Conference Room 575 of the above- 27 entitled court. 28 fil MOTSCHIEDLER, Sens MICHAELADES. ‘WISHION, BREX RYAN, LLP, ole {00995/0010//586274, DOC} Stipulation and Order to Continue Trial, etc. — - - =a, NY ‘ It is also STIPULATED that all pretrial deadlines, including discovery will be based from the continued trial date as if that date had been the initial trial date in the matter. Dated: March 19, 2020 MOTSCHIEDLER, MICHAELIDES, WISHON, BREWER & RYAN, LLP “oDee raghorse 2 By ttt, Russell K. Ryan, Attorneys Plaintiff David B. Kaye, M.D. 10 Dated: March 19, 2020 WEST, BORGES & ROSA, LLP It 12 13 By: 4 Steph Ron ‘Attorneys for 14 Defendants Fresno Surgery Center, LP 15 dba Fresno Surgical Hospital and FSC Hospital, LLC 16 7 18 ORDER 19 IT IS SO ORDERED, 20. Q 21 Dated: -Merci / » 2020 22 23 Fudge 0 eee Superior Cou 24 25 26 27 28 TEDLER, MICTIAELIDES, “2+ WISHON, BREWER& VAN, LLP {00995/00101/586274,DOC} Silpilatian and Order to Continue Trial, ae PROOF OF SERVICE 1, the undersigned, declare: iam a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. fam an employee of Motschiedier, Michaelides & Wishon, LLP, and my business address is 1690 West Shaw Avenue, Suite 200, Fresno, California, 93711. On April 16, 2020, E caused to be served the following document(s): NOTICE OF ENTRY OF ORDER CONTINUING TRIAL, PRE-TRIAL CONFERENCE, AND MANDATORY SETTLEMENT CONFERENCE on the parties involved addressed as follows: Fredrick M. Borges, Esq. Stephen A. Rosa, Esq, Elizabeth D. Ammann, Esq, WEST, BORGES, ROSA, LLP 1301 Dove Street, Suite 700 Newport Beach, California 92660-2470 10 11 O BY PERSONAL DELIVERY: offices of each addressee above. | caused each such envelope to be delivered by hand to the 12 13 a BY U.S, MAIL: [caused each envelope, with postage thereon fully prepaid, to be placed in the United States mail at Fresno, California. | am readily familiar with the business practice for collection and processing of mail in this office; and that in the ordinary course of business said document would be deposited with the U.S. Postal 14 Service in Fresno, California on that same day. J understand that service shall be presumed invalid upon motion of a. party served if the postal cancellation date or postage meter date on the envelope is more than one day after the date 45 of deposit for mailing contained in this declaration. 16 BY FACSIMILE: By use ofa facsimile machine telephone mumber (559) 439 5654, | served a copy of the within 17 document(s) on the above interested parties at the facsimile numbers listed above. The transmission was reported as complete without error, The transmission report, which is attached to this proof of service, was properly issued by 18 the transmitting facsimile machine, 19 BY FEDERAL EXPRESS OVERNIGHT DELIVERY: I caused each envelope, with delivery fees provided for, to be picked up on this date by a Courier employed by Federal Express or deposited in a box regularly maintained by 20 Federal Express. | am readily familiar with this firm’s practice for collection and processing of documents for overnight delivery and know that in the ordinary course of this firm’s business practice the document(s) described 21 above will either be deposited in a box or other facility regularly maintained by Federal Express or delivered to an authorized courier or driver authorized to receive documents on the same date that it is placed for collection. 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 Executed at Fresno, California on April 16, 2020. 24 Brigh ell 25 26 27 28 MOTSCHIEDLER, MICHAELIDES, WISHON, BREWER & RYAN, LLP. “2. {06995/001 0//587917,.DOC} Notice of Entry of Order Continuing Trial