Motion-Secondary: Newton, Patsy et al vs. Enloe Medical Center

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                                1   ROBERT H. ZIMMERMAN, BAR No. 84345
     Schuering Zimmerman & Doyle, llp
 2   400 University Avenue
     Sacramento, California 95825-6502                                         11/23/2020
 3   (916) 567-0400
     FAX: 568-0400
 4

 5   Attorneys for Defendant ENLOE MEDICAL CENTER

 6

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 8                       SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE

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10   PATSY NEWTON, individually; HAROLD                   NO. 20CV01091
     NEWTON, individually; SUZANNE
11   BOLDEN, individually,                                Assigned to Judge Tamara L.
                                                          Mosbarger for All Purposes
12                     Plaintiffs,
                                                          DECLARATION OF IAN A. SCHARG IN
13   vs.                                                  SUPPORT OF MOTION TO COMPEL
                                                          PLAINTIFF'S FURTHER RESPONSES TO
14   ENLOE MEDICAL CENTER; and DOES 1 -                   ENLOE MEDICAL CENTER'S REQUESTS
     50, et al.,                                          FOR ADMISSION, SET ONE
15
                       Defendants.                        Date: November 25, 2020
16                                                        Time: 9:00 a.m.
                                                          Dept: 1
17
                                                          Action Filed: May 29, 2020
18                                                        Trial Date:   December 14, 2020

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20           I, IAN A. SCHARG, declare:

21           1.        I am an attorney at law licensed to practice in the State of California. I am a

22   member of the law firm of Schuering Zimmerman & Doyle, LLP, attorneys of record for

23   Defendant ENLOE MEDICAL CENTER. I have personal knowledge of the matters contained

24   herein and if called to testily, I could and would competently do so.

25           2.        On November 13, 2020, 1 spoke with plaintiffs counsel, Sean Laird, regarding

26   Enloe Medical Center's November 9, 2020 meet and confer correspondence and its ex parte

27   application for an order shortening time to hear its motions to compel further responses to

28   requests for admission, set one; form interrogatories, set two; and request for production of

      01302410.WPD                                    l

                   IAS DECL. ISO REPLY TO OPP TO MOTION TO COMPEL RESPONSES TO RFA, SET ONE
 1   documents, set two. I informed Mr. Laird that if we received responses to the requests, we

2    would withdraw our ex parte application and our motions to compel. I told him that we filed

3    the ex parte application out of an abundance of caution to ensure we did not waive any

4    statutoiy deadlines considering the proximity of the trial date. The ex parte application was

 5   filed to ensure any motion, if needed, could be heard prior to the trial date. I told him that

 6   we would prefer to resolve the issues identified in our meet and confer correspondence

 7   without court intervention.

 8              3.        Mr. Laird thereafter indicated he would provide additional responses sometime

 9   before the hearing on defendant's ex parte application set for Monday November 16, 2020

10   at 4:00 p.m.

11              4.        No such responses or additional communications regarding these issues were

12   ever received regarding these issues.

13              5.        Mr. Laird sent electronic correspondence to me on November 13, 2020

14   confirming continued efforts to meet and confer and that no response to the meet and

15   confer correspondence would be required. (See Laird Decl., 114, Exhibit 2.)

16              6.        Mr. Laird's correspondence did not accurately reflect the conversation between

17   himself and I. Instead, I made it clear that if Mr. Laird provided responses to the discovery

18   requests, we would withdraw our motions to compel.

19              I declare under penalty of perjury under the laws of the State of California that the

20   foregoing is true and correct. Executed this 23rd day of Ndvepatfer, 2020, at Sacramento,

21   California.

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23                                                            si A.ifCHARG
                                                               N,.2f85'304
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                     IAS DECL. ISO REPLY TO OPP TO MOTION TO COMPEL RESPONSES TO RFA, SET ONE