Preview
FHLEg
JAN 12 2022
Andrew Hillier (State Bar No. 295779)
Hillier Law SUPERIOR COURT 0F CALIFORNIA
COUNTY OF FRESNO
600 W. Broadway, Suite 700
San Diego, CA 92101 DEPUTY
Telephone: (619) 500—7906
Facsimile: (619) 839-3895
andrew@ahillierlaw.com
\DOOQQUI#UJNy—A
Attorney for Plaintiff,
A. Sameh E1 Kharbawy
Jesse J. Maddox, Bar No. 219091
jmaddox@lcwlegal.com
Nathan T. Jackson, Bar No. 285620
njackson@lcwlegal.com
LIEBERT CASSIDY WHITMORE RECEIVED
A Professional Law Corporation 1/1 1/2022 11:22 AM
5250 North Palm Ave, Suite 310 FRESNO COUNTY SUPERIOR COURT
Fresno, California 93704 By: Louana Peterson, Deputy
Telephone: 559.256.7800
Facsimile: 559.449.4535
Attorneys for Defendants BOARD OF TRUSTEES OF ..
CALIFORNIA STATE UNIVERSITY, DARRYL L. HAMM,
LYNNETTE ZELEZNY, JOSEPH I. CASTRO, SAUL JIMENEZ-
SANDOVAL, AND XUANNING FU
NNNNN—tv—awp—t—Ar—Ap—nr—np—A—A
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
A. SAMEH EL. KHARBAWY, Case No.: 21CECG02214
VS.
Plaintiff,
[PW
JOINT STIPULATION AND
ORDER TO STAY
PROCEEDINGS FOR 90 DAYS DUE TO
PLAINTIFF’S DEATH
BOARD OF TRUSTEES OF THE Dept. : 503
CALIFORNIA STATE UNIVERS ITY; Judge: Hon. Kimberly A. Gaab
DARRYL L. HAMM, an individual;
LYNNETTE ZELEZNY, an individual;
JOSEPHI. CASTRO, an individual;
SAUL JIMENEZ- SANDOVAL, an individual;
XUANNING FU, an individual;
AND DOES 1 through 50,
Defendants.
I
JOINT STIPULATION TO STAY PROCEEDINGSAND PROPOSED ORDER
-1 -
9920578.
IFR007-003
WHEREAS, on September 10, 2021, Defendant Board 0f Trustees of California State
University (“CSU”) filed a Motion to Quash Subpoenas Served by Plaintiff A. Sameh E1
Kharbawy on third party witnesses, and a hearing date iscurrently set for February 2, 2022;
WHEREAS, on September 17, 2021, Defendant CSU filed a Special Motion to Strike
Plaintiffs Complaint pursuant to California’s anti-SLAPP Statute;
KOOOQQLJI$UJNW
WHEREAS, 0n October 5, 2021, Plaintiff filed a Motion to Lift the Stay of Discovery
related t0 CSU’s anti-SLAPP motion, and a hearing date was set forDecember 16,2021;
WHEREAS, on November 18, 2021 ,
Defendant Darryl L. Hamm filed ”a Special Motion
t0 Strike Plaintiff’s Complaint pursuant to California’s anti-SLAPP Statuté;
WHEREAS, on December 3, .2021, this Court set the hearing date for CSU and Mr.
Hamm’S'anti-SLAPP motions for January 27, 2022;
WHEREAS, on December 14, 2021, Plaintiff’s counseLAndrew Hillier, was informed
by Fresno County authorities that a deceased person was discovered at Plaintiffs home;
WHEREAS, on December 14, 2021, the Parties agreed to take Plaintiff’s Motion to Lift
Stay off calendar due to the developing situation;
NNNNHHHr—IHp—nr—Amb—xu—n
WHEREAS, on December 22, 2021, the Fresno County Coroner’s Office infomed Mr.
Hillier that Plaintiff was dedeased;
WHEREAS, on January 9, 2022, the Fresno County Coroner’s Office informed Mr.
Hillier thatit could not locate Plaintiff’s next of kin and that the matter of Plaintiff’s death had
been referred to the Fresno County Public Administrator’s office;
WHEREAS, at this time, Mr. Hillier represents that he is unaware of the identify of any
individual that could be named Plaintiff” s successor-in-interest or personal representative for the
purposes of maintaining the present action, and he needs time to locate one;
NOW, THEREFORE, IT IS HEREBY STIPULATED A_ND AGREED, by and
~
between the undersigned counsel that:
N 1. A11 proceedings are hereby stayed for a period of ninety (90) days;
2. The two pending anti-SLAPP motions are stayed for a period of ninety (90) days
to Apri127, 2022, cw a HMLE 30pm M 3am
JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER
-2 -
9920578.1 FRoo7-003
The Case Management Conference(“CMC” set for 2022,
3.
3- pym.
Janualxe,
Wm;
2,5 is
continued for ninety (90) days to April 25, 2022, or—a-éate—thegeaflaL—that-fi-eefivemenfi—fef-Ehis
Qom’t, while Mr. Hillier attempts to locate a personal representative/successor;
4. The hearing on Defendant CSU’s Motion to Quash ls stayed for a period of ninety
KOOOQGLIl-PUJNH
5. Within 10 calendar days of Mr. Hillier’s identification of an individual who can
serve as Plaintiff s successor-in-interest or personal representative for the purposes of
maintaining this action, he will notify Defendants’ counsel and take the steps necessary to
appoint that individual as Plaintiffs successor—in—interest or personal representative;
6. If Mr. Hillier isunable to locate a personal representative or a successor—in—
interest prior to the next CMC, he will submit a declaration with his CMC statement explaining
his efforts to locate a successor-in—interest or personal representative.
Dated: January 10, 2022 Hillier Law
b&~
NNNNNNNHr—Ip—‘r—Ab—tp—Ab—‘HHH
Andrew Em /
Attorney for Plaintiff,
A. SAMEH EL KHARBAWY
gBQM-PUJNHOKOWQQLh-PWNV—‘O
Dated: January 10, 2022 Liebert Cassidy Whitmore
'
omeys for Defendants, BOARD OF TRUSTEES
0F THE CALIFORNIA STATE UNIVERSITY;
DARRYL L. HAMM, LYNNETTE ZELEZNY,
JOSEPH I. CASTRO; SAUL JIMJENEZ—
SANDOVAL; and XUANNING FU
JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER
_3 _
9920578.] FR007—003
PURSUANT TO STIPULATION, 'IT IS SO ORDERED:
Dated: Jan'uary/L 2022
'
/Q/ ?%fl/v
Hoanitfiberly‘A. Géab
SUPERIOR COURT JUDGE
\DWQQM-waH
NNNNHi—‘HHL—‘H—AHHH
JOINT STIPULATTON TO STAY PROCEEDINGS AND PROPOSED ORDER
-4-
9920578.l FR007-003
Preview
FHLEg JAN 12 2022 Andrew Hillier (State Bar No. 295779) Hillier Law SUPERIOR COURT 0F CALIFORNIA COUNTY OF FRESNO 600 W. Broadway, Suite 700 San Diego, CA 92101 DEPUTY Telephone: (619) 500—7906 Facsimile: (619) 839-3895 andrew@ahillierlaw.com \DOOQQUI#UJNy—A Attorney for Plaintiff, A. Sameh E1 Kharbawy Jesse J. Maddox, Bar No. 219091 jmaddox@lcwlegal.com Nathan T. Jackson, Bar No. 285620 njackson@lcwlegal.com LIEBERT CASSIDY WHITMORE RECEIVED A Professional Law Corporation 1/1 1/2022 11:22 AM 5250 North Palm Ave, Suite 310 FRESNO COUNTY SUPERIOR COURT Fresno, California 93704 By: Louana Peterson, Deputy Telephone: 559.256.7800 Facsimile: 559.449.4535 Attorneys for Defendants BOARD OF TRUSTEES OF .. CALIFORNIA STATE UNIVERSITY, DARRYL L. HAMM, LYNNETTE ZELEZNY, JOSEPH I. CASTRO, SAUL JIMENEZ- SANDOVAL, AND XUANNING FU NNNNN—tv—awp—t—Ar—Ap—nr—np—A—A SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO A. SAMEH EL. KHARBAWY, Case No.: 21CECG02214 VS. Plaintiff, [PW JOINT STIPULATION AND ORDER TO STAY PROCEEDINGS FOR 90 DAYS DUE TO PLAINTIFF’S DEATH BOARD OF TRUSTEES OF THE Dept. : 503 CALIFORNIA STATE UNIVERS ITY; Judge: Hon. Kimberly A. Gaab DARRYL L. HAMM, an individual; LYNNETTE ZELEZNY, an individual; JOSEPHI. CASTRO, an individual; SAUL JIMENEZ- SANDOVAL, an individual; XUANNING FU, an individual; AND DOES 1 through 50, Defendants. I JOINT STIPULATION TO STAY PROCEEDINGSAND PROPOSED ORDER -1 - 9920578. IFR007-003 WHEREAS, on September 10, 2021, Defendant Board 0f Trustees of California State University (“CSU”) filed a Motion to Quash Subpoenas Served by Plaintiff A. Sameh E1 Kharbawy on third party witnesses, and a hearing date iscurrently set for February 2, 2022; WHEREAS, on September 17, 2021, Defendant CSU filed a Special Motion to Strike Plaintiffs Complaint pursuant to California’s anti-SLAPP Statute; KOOOQQLJI$UJNW WHEREAS, 0n October 5, 2021, Plaintiff filed a Motion to Lift the Stay of Discovery related t0 CSU’s anti-SLAPP motion, and a hearing date was set forDecember 16,2021; WHEREAS, on November 18, 2021 , Defendant Darryl L. Hamm filed ”a Special Motion t0 Strike Plaintiff’s Complaint pursuant to California’s anti-SLAPP Statuté; WHEREAS, on December 3, .2021, this Court set the hearing date for CSU and Mr. Hamm’S'anti-SLAPP motions for January 27, 2022; WHEREAS, on December 14, 2021, Plaintiff’s counseLAndrew Hillier, was informed by Fresno County authorities that a deceased person was discovered at Plaintiffs home; WHEREAS, on December 14, 2021, the Parties agreed to take Plaintiff’s Motion to Lift Stay off calendar due to the developing situation; NNNNHHHr—IHp—nr—Amb—xu—n WHEREAS, on December 22, 2021, the Fresno County Coroner’s Office infomed Mr. Hillier that Plaintiff was dedeased; WHEREAS, on January 9, 2022, the Fresno County Coroner’s Office informed Mr. Hillier thatit could not locate Plaintiff’s next of kin and that the matter of Plaintiff’s death had been referred to the Fresno County Public Administrator’s office; WHEREAS, at this time, Mr. Hillier represents that he is unaware of the identify of any individual that could be named Plaintiff” s successor-in-interest or personal representative for the purposes of maintaining the present action, and he needs time to locate one; NOW, THEREFORE, IT IS HEREBY STIPULATED A_ND AGREED, by and ~ between the undersigned counsel that: N 1. A11 proceedings are hereby stayed for a period of ninety (90) days; 2. The two pending anti-SLAPP motions are stayed for a period of ninety (90) days to Apri127, 2022, cw a HMLE 30pm M 3am JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER -2 - 9920578.1 FRoo7-003 The Case Management Conference(“CMC” set for 2022, 3. 3- pym. Janualxe, Wm; 2,5 is continued for ninety (90) days to April 25, 2022, or—a-éate—thegeaflaL—that-fi-eefivemenfi—fef-Ehis Qom’t, while Mr. Hillier attempts to locate a personal representative/successor; 4. The hearing on Defendant CSU’s Motion to Quash ls stayed for a period of ninety KOOOQGLIl-PUJNH 5. Within 10 calendar days of Mr. Hillier’s identification of an individual who can serve as Plaintiff s successor-in-interest or personal representative for the purposes of maintaining this action, he will notify Defendants’ counsel and take the steps necessary to appoint that individual as Plaintiffs successor—in—interest or personal representative; 6. If Mr. Hillier isunable to locate a personal representative or a successor—in— interest prior to the next CMC, he will submit a declaration with his CMC statement explaining his efforts to locate a successor-in—interest or personal representative. Dated: January 10, 2022 Hillier Law b&~ NNNNNNNHr—Ip—‘r—Ab—tp—Ab—‘HHH Andrew Em / Attorney for Plaintiff, A. SAMEH EL KHARBAWY gBQM-PUJNHOKOWQQLh-PWNV—‘O Dated: January 10, 2022 Liebert Cassidy Whitmore ' omeys for Defendants, BOARD OF TRUSTEES 0F THE CALIFORNIA STATE UNIVERSITY; DARRYL L. HAMM, LYNNETTE ZELEZNY, JOSEPH I. CASTRO; SAUL JIMJENEZ— SANDOVAL; and XUANNING FU JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER _3 _ 9920578.] FR007—003 PURSUANT TO STIPULATION, 'IT IS SO ORDERED: Dated: Jan'uary/L 2022 ' /Q/ ?%fl/v Hoanitfiberly‘A. Géab SUPERIOR COURT JUDGE \DWQQM-waH NNNNHi—‘HHL—‘H—AHHH JOINT STIPULATTON TO STAY PROCEEDINGS AND PROPOSED ORDER -4- 9920578.l FR007-003