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1 GUSTAFSON GLUEK PLLC
DENNIS STEWART, SBN: 99152
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600 B Street, 17th Floor
3 San Diego, CA 92101
Telephone: (619) 595-3299 E-FILED
4 2/16/2021 4:05 PM
Facsimile: (612) 339-6622 Superior Court of California
5 County of Fresno
COLEMAN & HOROWITT, LLP By: I. Herrera, Deputy
6 DARRYL J. HOROWITT, SBN: 100898
SHERRIE M. FLYNN, SBN: 240215
7 499 West Shaw, Suite 116
Fresno, CA 93704
8 Telephone: (559) 248-4820
Facsimile: (559) 248-4830
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Attorneys for Plaintiffs
10 [Additional Counsel on Signature Page]
11 IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
12 IN AND FOR THE COUNTY OF FRESNO
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14 MANMOHAN DHILLON, dba RANCHOS CASE NO. 14CECG03039 AMS
VALERO, SATNAM PABLA, dba GMG
15 FOOD STORE 101 and MADERA AVE. PLAINTIFFS’ UNOPPOSED EX PARTE
MARKET, SERGE HAITAYAN, dba 7-11 APPLICATION FOR LEAVE TO FILE
16 NUMBER 17906b, DALJIT SINGH, dba CONSOLIDATED REPLY BRIEF NOT
17 LIQUOR MAX, and PAR VENTURES, LLC, TO EXCEED THIRTY PAGES
dba, QUICK PICK, on Their Own Behalves
18 and on Behalf of All Others Similarly Situated JUDGE: Honorable Kimberly A. Gaab
and on Behalf of the General Public,
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20 Plaintiffs,
21 v.
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ANHEUSER-BUSCH, LLC, DONAGHY
23 SALES, LLC, a California Corporation;
ANHEUSER-BUSCH DOES 1-5 and DOES
24 6 through 50, inclusive,
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Defendants.
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______________________________________________________________________________
PLAINTIFFS’ UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE
CONSOLIDATED REPLY BRIEF NOT TO EXCEED THIRTY PAGES
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE THAT at the Court’s convenience, Plaintiffs Manmohan
3 Dhillon, Satnam Pabla, Serge Haitayan, Daljit Singh, and Parminder Singh, (“Plaintiffs”) by and
4 through their attorneys of record, apply pursuant to Cal. Rules of Court, Rules 3.764(c)(2) and
5 3.1113(e), for leave to file a single consolidated reply brief not exceeding thirty (30) pages in reply
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to Defendants’ separate oppositions to Plaintiffs Motion for Class Certification (“Motion”). The
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single brief proposed by Plaintiffs would be in lieu of filing separate reply briefs not exceeding
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fifteen (15) pages as to each opposition. This application is unopposed.
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There is good cause for granting the requested relief as it will simplify the briefing,
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facilitate consideration of the issues and conserve the resources of parties and the Court.
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Defendants Anheuser-Busch, LLC (“AB”) and Donaghy Sales, LLC (“Donaghy”) have each filed
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separate oppositions (consisting, respectively of a 25-page and a 20-page memoranda) to the
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Motion.
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AB filed documents totaling more than 400 pages along with its opposition, to which
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16 Donaghy added more than 40 additional pages of its own. The oppositions present some issues
17 and include multiple related arguments and supporting documents going to common issues which
18 will benefit from being addressed together in a single memorandum. Indeed, Donaghy incorporates
19 by reference AB’s opposition and supporting papers for the stated purpose of avoiding
20 “unnecessary repetition.” See Defendant Donaghy Sales, LLC’s Memorandum of Points and
21 Authorities in Opposition to Plaintiffs’ Motion for Class Certification at p. 5, n. 1. A single brief
22 limited to fifteen pages is insufficient to address the issues and materials presented by both
23 defendants in their combined 45-page oppositions. At the same time, two separate fifteen-page
24 briefs will include unnecessary repetition and/or potentially confusing incorporations by reference.
25 Under these circumstances, Plaintiffs respectfully submit that a single, unified reply, not exceeding
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thirty pages, is the most efficient option for parties and the Court. Plaintiffs conferred with counsel
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for both parties with respect to this application and both indicated they have no opposition to it.
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______________________________________________________________________________
PLAINTIFFS’ UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE
CONSOLIDATED REPLY BRIEF NOT TO EXCEED THIRTY PAGES
1 This Application is supported by its own terms, by the Declaration of Dennis J. Stewart in
2 support and all exhibits thereto, along with the pleadings, records and files herein as well as such
3 other and further evidence and argument as may be presented at the Court’s request.
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5 Respectfully submitted,
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DATED: February 16, 2021 GUSTAFSON GLUEK PLLC
7 DENNIS STEWART
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/s/ Dennis Stewart
9 DENNIS STEWART
600 B Street, 17th Floor
10 San Diego, CA 92101
Telephone: (619) 595-3299
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Facsimile: (612) 339-6622
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COLEMAN & HOROWITT, LLP
13 DARRYL J. HOROWITT
14 SHERRIE M. FLYNN
499 West Shaw, Suite 116
15 Fresno, CA 93704
Telephone: (559) 248-4820
16 Facsimile: (559) 248-4830
17
FREEDMAN BOYD HOLLANDER GOLDBERG
18 URIAS & WARD PA
JOSEPH GOLDBERG (admitted pro hac)
19 JOHN W. BOYD (admitted pro hac)
20 FRANK T. DAVIS, JR. (admitted pro hac)
200 3rd Street NW, Suite 700
21 Albuquerque, NM 87102
Telephone: (505) 842-9960
22 Facsimile: (505) 842-0761
23
GUSTAFSON GLUEK PLLC
24 DANIEL C. HEDLUND (admitted pro hac)
MICHELLE J. LOOBY
25
JOSHUA J. RISSMAN
26 Canadian Pacific Plaza
120 South 6th Street, Suite 2600
27 Minneapolis, MN 55402
Telephone:(612) 333-8844
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PLAINTIFFS’ UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE
CONSOLIDATED REPLY BRIEF NOT TO EXCEED THIRTY PAGES
Facsimile:(612) 339-6622
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PLAINTIFFS’ UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE
CONSOLIDATED REPLY BRIEF NOT TO EXCEED THIRTY PAGES
Preview
1 GUSTAFSON GLUEK PLLC DENNIS STEWART, SBN: 99152 2 600 B Street, 17th Floor 3 San Diego, CA 92101 Telephone: (619) 595-3299 E-FILED 4 2/16/2021 4:05 PM Facsimile: (612) 339-6622 Superior Court of California 5 County of Fresno COLEMAN & HOROWITT, LLP By: I. Herrera, Deputy 6 DARRYL J. HOROWITT, SBN: 100898 SHERRIE M. FLYNN, SBN: 240215 7 499 West Shaw, Suite 116 Fresno, CA 93704 8 Telephone: (559) 248-4820 Facsimile: (559) 248-4830 9 Attorneys for Plaintiffs 10 [Additional Counsel on Signature Page] 11 IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA 12 IN AND FOR THE COUNTY OF FRESNO 13 14 MANMOHAN DHILLON, dba RANCHOS CASE NO. 14CECG03039 AMS VALERO, SATNAM PABLA, dba GMG 15 FOOD STORE 101 and MADERA AVE. PLAINTIFFS’ UNOPPOSED EX PARTE MARKET, SERGE HAITAYAN, dba 7-11 APPLICATION FOR LEAVE TO FILE 16 NUMBER 17906b, DALJIT SINGH, dba CONSOLIDATED REPLY BRIEF NOT 17 LIQUOR MAX, and PAR VENTURES, LLC, TO EXCEED THIRTY PAGES dba, QUICK PICK, on Their Own Behalves 18 and on Behalf of All Others Similarly Situated JUDGE: Honorable Kimberly A. Gaab and on Behalf of the General Public, 19 20 Plaintiffs, 21 v. 22 ANHEUSER-BUSCH, LLC, DONAGHY 23 SALES, LLC, a California Corporation; ANHEUSER-BUSCH DOES 1-5 and DOES 24 6 through 50, inclusive, 25 Defendants. 26 27 28 1 ______________________________________________________________________________ PLAINTIFFS’ UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE CONSOLIDATED REPLY BRIEF NOT TO EXCEED THIRTY PAGES 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE THAT at the Court’s convenience, Plaintiffs Manmohan 3 Dhillon, Satnam Pabla, Serge Haitayan, Daljit Singh, and Parminder Singh, (“Plaintiffs”) by and 4 through their attorneys of record, apply pursuant to Cal. Rules of Court, Rules 3.764(c)(2) and 5 3.1113(e), for leave to file a single consolidated reply brief not exceeding thirty (30) pages in reply 6 to Defendants’ separate oppositions to Plaintiffs Motion for Class Certification (“Motion”). The 7 single brief proposed by Plaintiffs would be in lieu of filing separate reply briefs not exceeding 8 fifteen (15) pages as to each opposition. This application is unopposed. 9 There is good cause for granting the requested relief as it will simplify the briefing, 10 facilitate consideration of the issues and conserve the resources of parties and the Court. 11 Defendants Anheuser-Busch, LLC (“AB”) and Donaghy Sales, LLC (“Donaghy”) have each filed 12 separate oppositions (consisting, respectively of a 25-page and a 20-page memoranda) to the 13 Motion. 14 AB filed documents totaling more than 400 pages along with its opposition, to which 15 16 Donaghy added more than 40 additional pages of its own. The oppositions present some issues 17 and include multiple related arguments and supporting documents going to common issues which 18 will benefit from being addressed together in a single memorandum. Indeed, Donaghy incorporates 19 by reference AB’s opposition and supporting papers for the stated purpose of avoiding 20 “unnecessary repetition.” See Defendant Donaghy Sales, LLC’s Memorandum of Points and 21 Authorities in Opposition to Plaintiffs’ Motion for Class Certification at p. 5, n. 1. A single brief 22 limited to fifteen pages is insufficient to address the issues and materials presented by both 23 defendants in their combined 45-page oppositions. At the same time, two separate fifteen-page 24 briefs will include unnecessary repetition and/or potentially confusing incorporations by reference. 25 Under these circumstances, Plaintiffs respectfully submit that a single, unified reply, not exceeding 26 thirty pages, is the most efficient option for parties and the Court. Plaintiffs conferred with counsel 27 for both parties with respect to this application and both indicated they have no opposition to it. 28 2 ______________________________________________________________________________ PLAINTIFFS’ UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE CONSOLIDATED REPLY BRIEF NOT TO EXCEED THIRTY PAGES 1 This Application is supported by its own terms, by the Declaration of Dennis J. Stewart in 2 support and all exhibits thereto, along with the pleadings, records and files herein as well as such 3 other and further evidence and argument as may be presented at the Court’s request. 4 5 Respectfully submitted, 6 DATED: February 16, 2021 GUSTAFSON GLUEK PLLC 7 DENNIS STEWART 8 /s/ Dennis Stewart 9 DENNIS STEWART 600 B Street, 17th Floor 10 San Diego, CA 92101 Telephone: (619) 595-3299 11 Facsimile: (612) 339-6622 12 COLEMAN & HOROWITT, LLP 13 DARRYL J. HOROWITT 14 SHERRIE M. FLYNN 499 West Shaw, Suite 116 15 Fresno, CA 93704 Telephone: (559) 248-4820 16 Facsimile: (559) 248-4830 17 FREEDMAN BOYD HOLLANDER GOLDBERG 18 URIAS & WARD PA JOSEPH GOLDBERG (admitted pro hac) 19 JOHN W. BOYD (admitted pro hac) 20 FRANK T. DAVIS, JR. (admitted pro hac) 200 3rd Street NW, Suite 700 21 Albuquerque, NM 87102 Telephone: (505) 842-9960 22 Facsimile: (505) 842-0761 23 GUSTAFSON GLUEK PLLC 24 DANIEL C. HEDLUND (admitted pro hac) MICHELLE J. LOOBY 25 JOSHUA J. RISSMAN 26 Canadian Pacific Plaza 120 South 6th Street, Suite 2600 27 Minneapolis, MN 55402 Telephone:(612) 333-8844 28 3 ______________________________________________________________________________ PLAINTIFFS’ UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE CONSOLIDATED REPLY BRIEF NOT TO EXCEED THIRTY PAGES Facsimile:(612) 339-6622 1 2 Attorneys for Plaintiffs 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ______________________________________________________________________________ PLAINTIFFS’ UNOPPOSED EX PARTE APPLICATION FOR LEAVE TO FILE CONSOLIDATED REPLY BRIEF NOT TO EXCEED THIRTY PAGES