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ELECTRONICALLY FILED
1 Shayna Balch Santiago (SBN 304802) Superior Court of California
E-Mail: ssantiago@fisherphillips.com County of Santa Barbara
2 FISHER & PHILLIPS LLP Darrel E. Parker, Executive Officer
3200 N. Central Avenue, Suite 1550 11/19/2021 11:15 AM
3 Phoenix, Arizona 85012-2487 By: Sarah Sisto, Deputy
Telephone: (602) 281-3400
4 Facsimile: (602) 281-3401
5 Kathryn M. Evans (SBN 323190)
E-Mail: kmevans@fisherphillips.com
6 FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1000
7 San Diego, California 92121
Telephone: (858) 597-9600
8 Facsimile: (858) 597-9601
9 Attorneys for Defendants,
UCOMMG, LLC; UNIFIED COMMUNICATIONS
10 GROUP, INC.; KENNETH W. NEWBATT; BIANCA
NEWBATT; MITCHELL C. LIPKIN; MICHAEL J.
11 BELLAS; JIMMIE GARRETT BAKER, JR.; WESTELE
UTILITY SOLUTIONS, LLC; AND CYNTHIA BAKER
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION
15 BUTLER AMERICA, LLC, a Delaware CASE NO.: 20CV03877
limited liability company, [Unlimited Jurisdiction]
16
Plaintiff, Assigned for all purposes to the
17 Honorable Donna D. Geck, Dept. 4
v.
18 DEFENDANTS’ NOTICE OF MOTION
UCOMMG, LLC, a Nevada limited liability AND MOTION TO STRIKE PLAINTIFF’S
19 company; UNIFIED COMMUNICATIONS SECOND AMENDED COMPLAINT
GROUP, INC., a dissolved Washington
20 corporation; KENNETH W. NEWBATT, an Date: February 18, 2022
individual; BIANCA NEWBATT, an Time: 10:00 a.m.
21 individual; MITCHELL C. LIPKIN, an Dept.: 4
individual; MICHAEL J. BELLAS, an
22 individual; JIMMIE GARRETT BAKER, JR., [Filed concurrently with the Memorandum of
an individual; WESTELE UTILITY Points and Authorities, Declaration of Kathryn
23 SOLUTIONS, LLC, a California limited M. Evans, and [Proposed] Order]
liability company; and DOES 1 through 50,
24 inclusive, Complaint Filed: November 20, 2020
Removal Filed: January 4, 2021
25 Defendants. FAC Filed: April 16, 2021
Remanded to State Court: August 3, 2021
26 Trial Date: Not Set
27
28
DEFENDANTS’ NOTICE OF MOTION AND MOTION TO STRIKE
PLAINTIFF’S SECOND AMENDED COMPLAINT
FP 42345067.1
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
2 NOTICE IS HEREBY GIVEN that on February 18, 2022 at 10:00 a.m., or as soon
3 thereafter as the matter may be heard, in Courtroom 4 of the above-entitled Court, located at 1100
4 Anacapa Street, Santa Barbara, California 93121-1107, Defendants UCOMMG, LLC, Unified
5 Communications Group, Inc., Kenneth Newbatt, Bianca Newbatt, Mitchell Lipkin, Michael
6 Bellas, WesTele Utility Solutions, LLC, and Cynthia Baker (hereinafter “Defendants”) will move
7 this Court for an order striking Plaintiff Butler America, LLC’s Second Amended Complaint.
8 This motion is made pursuant to California Code of Civil Procedure sections 435 and 436
9 and on the grounds that Plaintiff failed to seek leave to file the Second Amended Complaint in
10 violation of Code of Civil Procedure section 472.
11 This motion is based on this notice, the Memorandum of Points and Authorities attached
12 hereto, the Declaration of Kathryn M. Evans, all papers previously filed in this matter, and on
13 such other and further evidence which may be presented at the time of the hearing.
14
15 DATE: November 19, 2021 FISHER & PHILLIPS LLP
16
17 By:
Shayna Balch Santiago
18 Kathryn M. Evans
Attorneys for Defendants,
19 UCOMMG, LLC; Unified Communications
Group, Inc.; Kenneth W. Newbatt; Bianca
20 Newbatt; Mitchell C. Lipkin; Michael J. Bellas;
Jimmie Garrett Baker, Jr.; WesTele Utility
21 Solutions, LLC; and Cynthia Baker
22
23
24
25
26
27
28
1
DEFENDANTS’ NOTICE OF MOTION AND MOTION TO STRIKE
PLAINTIFF’S SECOND AMENDED COMPLAINT
FP 42345067.1
1 PROOF OF SERVICE
(CCP §§1013(a) and 2015.5)
2
I, the undersigned, am at least 18 years old and not a party to this action. I am employed
3 in the County of San Diego with the law offices of Fisher & Phillips LLP and its business address
is 4747 Executive Drive, Suite 1000, San Diego, California 92121.
4
On November 19, 2021, I served the following document(s) DEFENDANTS’ NOTICE
5 OF MOTION AND MOTION TO STRIKE PLAINTIFF’S SECOND AMENDED
COMPLAINT on the person(s) listed below by placing the original a true copy thereof
6 enclosed in sealed envelope(s) addressed as follows:
7
Paul P. Young Tel: (626) 744-1838
8 Joseph Chora Fax: (626) 744-3167
Cameron H. Totten E-Mail: paul@cym.law; joseph@cym.law;
9 Armen Manasserian cameron@cym.law; armen@cym.law;
Scott O’Halloran scott@cym.law
10 CHORA YOUNG LLP
650 Sierra Madre Villa Ave, Suite 304 Attorneys for Plaintiff Butler America, LLC
11 Pasadena, California 91107
12 [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to
the person(s) whose address(es) are listed above and placed the envelope for collection
13 and mailing, following our ordinary business practices. I am readily familiar with this
business’s practice for collecting and processing correspondence for mailing. On the
14 same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service in San Diego California,
15 in a sealed envelope with postage fully prepaid.
[by FAX] - Based on an agreement of the parties to accept service by fax transmission,
16 I faxed the document(s) to the person(s) at fax number(s) listed above from fax number
(858) 597-9601. The fax reported no errors. A copy of the transmission report is
17 attached.
[by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package
18 provided by an overnight delivery carrier and addressed to the person(s) at the address(es)
listed above. I placed the envelope or package for collection and overnight delivery at an
19 office or a regularly utilized drop box of the overnight carrier.
[by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties
20 to accept service by electronic transmission, I electronically served the document(s) to
the person(s) at the electronic service address(es) listed above.
21 [by ELECTRONIC SERVICE] – Pursuant to California Code of Civil Procedure
§1010.6(e)(1), I electronically served the document(s) to the person(s) at the electronic
22 service address(es) listed above.
23 I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct.
24
Executed November 19, 2021, at San Diego, California.
25
Amanda Funkhouser By:
26 Print Name Signature
27
28
1
PROOF OF SERVICE
FP 42345067.1
Preview
ELECTRONICALLY FILED 1 Shayna Balch Santiago (SBN 304802) Superior Court of California E-Mail: ssantiago@fisherphillips.com County of Santa Barbara 2 FISHER & PHILLIPS LLP Darrel E. Parker, Executive Officer 3200 N. Central Avenue, Suite 1550 11/19/2021 11:15 AM 3 Phoenix, Arizona 85012-2487 By: Sarah Sisto, Deputy Telephone: (602) 281-3400 4 Facsimile: (602) 281-3401 5 Kathryn M. Evans (SBN 323190) E-Mail: kmevans@fisherphillips.com 6 FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 7 San Diego, California 92121 Telephone: (858) 597-9600 8 Facsimile: (858) 597-9601 9 Attorneys for Defendants, UCOMMG, LLC; UNIFIED COMMUNICATIONS 10 GROUP, INC.; KENNETH W. NEWBATT; BIANCA NEWBATT; MITCHELL C. LIPKIN; MICHAEL J. 11 BELLAS; JIMMIE GARRETT BAKER, JR.; WESTELE UTILITY SOLUTIONS, LLC; AND CYNTHIA BAKER 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION 15 BUTLER AMERICA, LLC, a Delaware CASE NO.: 20CV03877 limited liability company, [Unlimited Jurisdiction] 16 Plaintiff, Assigned for all purposes to the 17 Honorable Donna D. Geck, Dept. 4 v. 18 DEFENDANTS’ NOTICE OF MOTION UCOMMG, LLC, a Nevada limited liability AND MOTION TO STRIKE PLAINTIFF’S 19 company; UNIFIED COMMUNICATIONS SECOND AMENDED COMPLAINT GROUP, INC., a dissolved Washington 20 corporation; KENNETH W. NEWBATT, an Date: February 18, 2022 individual; BIANCA NEWBATT, an Time: 10:00 a.m. 21 individual; MITCHELL C. LIPKIN, an Dept.: 4 individual; MICHAEL J. BELLAS, an 22 individual; JIMMIE GARRETT BAKER, JR., [Filed concurrently with the Memorandum of an individual; WESTELE UTILITY Points and Authorities, Declaration of Kathryn 23 SOLUTIONS, LLC, a California limited M. Evans, and [Proposed] Order] liability company; and DOES 1 through 50, 24 inclusive, Complaint Filed: November 20, 2020 Removal Filed: January 4, 2021 25 Defendants. FAC Filed: April 16, 2021 Remanded to State Court: August 3, 2021 26 Trial Date: Not Set 27 28 DEFENDANTS’ NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S SECOND AMENDED COMPLAINT FP 42345067.1 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 2 NOTICE IS HEREBY GIVEN that on February 18, 2022 at 10:00 a.m., or as soon 3 thereafter as the matter may be heard, in Courtroom 4 of the above-entitled Court, located at 1100 4 Anacapa Street, Santa Barbara, California 93121-1107, Defendants UCOMMG, LLC, Unified 5 Communications Group, Inc., Kenneth Newbatt, Bianca Newbatt, Mitchell Lipkin, Michael 6 Bellas, WesTele Utility Solutions, LLC, and Cynthia Baker (hereinafter “Defendants”) will move 7 this Court for an order striking Plaintiff Butler America, LLC’s Second Amended Complaint. 8 This motion is made pursuant to California Code of Civil Procedure sections 435 and 436 9 and on the grounds that Plaintiff failed to seek leave to file the Second Amended Complaint in 10 violation of Code of Civil Procedure section 472. 11 This motion is based on this notice, the Memorandum of Points and Authorities attached 12 hereto, the Declaration of Kathryn M. Evans, all papers previously filed in this matter, and on 13 such other and further evidence which may be presented at the time of the hearing. 14 15 DATE: November 19, 2021 FISHER & PHILLIPS LLP 16 17 By: Shayna Balch Santiago 18 Kathryn M. Evans Attorneys for Defendants, 19 UCOMMG, LLC; Unified Communications Group, Inc.; Kenneth W. Newbatt; Bianca 20 Newbatt; Mitchell C. Lipkin; Michael J. Bellas; Jimmie Garrett Baker, Jr.; WesTele Utility 21 Solutions, LLC; and Cynthia Baker 22 23 24 25 26 27 28 1 DEFENDANTS’ NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S SECOND AMENDED COMPLAINT FP 42345067.1 1 PROOF OF SERVICE (CCP §§1013(a) and 2015.5) 2 I, the undersigned, am at least 18 years old and not a party to this action. I am employed 3 in the County of San Diego with the law offices of Fisher & Phillips LLP and its business address is 4747 Executive Drive, Suite 1000, San Diego, California 92121. 4 On November 19, 2021, I served the following document(s) DEFENDANTS’ NOTICE 5 OF MOTION AND MOTION TO STRIKE PLAINTIFF’S SECOND AMENDED COMPLAINT on the person(s) listed below by placing the original a true copy thereof 6 enclosed in sealed envelope(s) addressed as follows: 7 Paul P. Young Tel: (626) 744-1838 8 Joseph Chora Fax: (626) 744-3167 Cameron H. Totten E-Mail: paul@cym.law; joseph@cym.law; 9 Armen Manasserian cameron@cym.law; armen@cym.law; Scott O’Halloran scott@cym.law 10 CHORA YOUNG LLP 650 Sierra Madre Villa Ave, Suite 304 Attorneys for Plaintiff Butler America, LLC 11 Pasadena, California 91107 12 [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to the person(s) whose address(es) are listed above and placed the envelope for collection 13 and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the 14 same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in San Diego California, 15 in a sealed envelope with postage fully prepaid. [by FAX] - Based on an agreement of the parties to accept service by fax transmission, 16 I faxed the document(s) to the person(s) at fax number(s) listed above from fax number (858) 597-9601. The fax reported no errors. A copy of the transmission report is 17 attached. [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package 18 provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed above. I placed the envelope or package for collection and overnight delivery at an 19 office or a regularly utilized drop box of the overnight carrier. [by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties 20 to accept service by electronic transmission, I electronically served the document(s) to the person(s) at the electronic service address(es) listed above. 21 [by ELECTRONIC SERVICE] – Pursuant to California Code of Civil Procedure §1010.6(e)(1), I electronically served the document(s) to the person(s) at the electronic 22 service address(es) listed above. 23 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. 24 Executed November 19, 2021, at San Diego, California. 25 Amanda Funkhouser By: 26 Print Name Signature 27 28 1 PROOF OF SERVICE FP 42345067.1