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
               3       (916) 567-0400                                                                               11/23/2020
                       FAX:    568-0400
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               5       Attorneys for Defendant ENLOE MEDICAL CENTER
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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 ALAINA T. DICKENS
              13       vs.                                                        )   IN SUPPORT OF REPLY TO
                                                                                  )   OPPOSITION TO MOTION TO COMPEL
              14       ENLOE MEDICAL CENTER; and DOES 1 -                         )   PLAINTIFF'S FURTHER RESPONSES TO
                       50, et al.,                                                )   ENLOE MEDICAL CENTER'S REQUEST
              15                                                                  )   FOR PRODUCTION OF DOCUMENTS,
                                         Defendants.                              )   SET TWO
              16       ______________________________________                     )
                                                                                      Date:    November 25, 2020
              17                                                                      Time:    9:00 a.m.
                                                                                      Dept:    1
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                                                                                      Action Filed:     May 29, 2020
              19                                                                      Trial Date:       December 14, 2020
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                                I, ALAINA T. DICKENS, declare:
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                                1.       I am an attorney at law licensed to practice in                the State of California.       I am a
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                       member       of the   law   firm  of  Schuering     Zimmerman         &  Doyle,    LLP,   attorneys    of record     for
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                       Defendant ENLOE MEDICAL CENTER. I have personal knowledge of the matters contained
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                       herein and if called to testify, I could and would competently do so.
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                                2.       On    November       13,   2020,   we    filed   our   ex   parte   application      for  an   order
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                       shortening time to hear its motions to compel further responses to requests for admission,
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                       set one; form interrogatories, set two; and request for production of documents, set two.
                         01302428.WPD                                            1
                           DECL. ISO REPLY TO OPPOSITION TO ENLOE’S MOTION TO COMPEL RESPONSES TO RFP, SET TWO
               1                3.       We had asked plaintiff to provide further responses to our discovery requests
               2       by the end of the day on November 13, 2020.
               3                4.       Having     filed  our   ex  parte    application     prior   to  the  deadline      for  plaintiff  to
               4       respond, we understood we would withdraw our motions in the event plaintiff provided
               5       satisfactory responses.
               6                5.       We received no further responses.
               7                6.       Additionally,     there   was    no   attempt     by  plaintiff's  counsel     to  contact    me    to
               8       discuss the ex parte application.
               9                7.       However, because of the proximity of trial in this case, December 14, 2020, it
              10       was imperative we get our motions on file.
              11                8.       Additionally,      we    had    to   provide     plaintiff's   counsel     with    notice     of  the
              12       November        16,  2020    hearing     on   our   ex  parte    application     no   later   than   10:00    a.m.   on
              13       November 13, 2020.
              14                I declare under penalty of perjury under the laws of the State of California that the
              15       foregoing is true and correct.           Executed this 23rd day of November, 2020, at Sacramento,
              16       California.
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              18                                                                      ALAINA T. DICKENS
                                                                                      SBN 306006
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                         01302428.WPD                                            2
                           DECL. ISO REPLY TO OPPOSITION TO ENLOE’S MOTION TO COMPEL RESPONSES TO RFP, SET TWO