Response ReplyCal. Super. - 6th Dist.March 24, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/16/2021 3:46 PM Reviewed By: A. Floresca Case #21CV381110 Envelope: 7282345 21CV381110 Santa Clara - Civil A. Floresca ©WQ®MAMN~ NNNNNNNNHHHr-AHn-fln-HH gQGMAMNHOOOOQONM-PMNHO Michael G. Ackerman, Esq. (SBN 64997) LAW OFFICES OF MICHAEL G. ACKERMAN 2391 The Alameda, Suite 100 Santa Clara, CA 95050 Telephone: (408) 261-5800 Facsimile: (408) 261-5900 Email: mga@mgackermanlaw.com Attorneys for Defendant, PANIDA CHINSUPAKUL SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY 0F SANTA CLARA ANNE TING, an individual; JACK TING, an individual; and NICOLE TING-YAP, an individual; Plaintiffs, vs. PANIDA CHINSUPAKUL, an individual; and DOES 1 through 10; Defendants. Case No.: 21CV381 1 10 REPLY MEMORANDUM IN SUPPORT 0F MOTION FOR PROTECTIVE ORDER Date: September 30, 2021 Time: 9:00 a.m. Dept: 7 Judge: Christopher G. Rudy PlaintiffNicole Ting-Yap objects to having to appear for her deposition before 10:00 a.m. local time in Malaysia (7:00 p.m. PST) because she has a 13 year old daughter who purportedly is unable to care for herself for a few hours. Plaintiff has not explained why a family member (including her husband) or a baby-sitter (if necessary) cannot watch over her daughter for a few hours. Even though her daughter may be at home, Plaintiff does not state that she is home-schooling her daughter rather than her daughter having online classes. If she is taking online classes, it makes common sense that her daughter would have to focus on her school work rather than wandering away. Plaintiff next contends that she takes medication for anxiety that makes her groggy. Neither she nor her physician explain why she cannot miss one night’s medication, or if she can’t, why she REPLY MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER CASE No.: 21CV381 l 10 KOOOQGUIAWNfl NNNNNNNNNfl-nHu-Ap-n-nn-In-Iu-Ip-t OO\IO\LII#WN-‘O\OOO\IO\M-PUJNHO can’t take it earlier the day before to avoid grogginess at 7:00 am. the following day. She states that she may be groggy until mid-afternoon. Unless it is medically necessary that she take the medication every night (which her physician has not stated), the solution is that she not take the medication the night before her deposition. Defendant does not want to retain a court reporter in Malaysia to take this deposition. Defendant is entitled to take Plaintiff’s deposition at a reasonable time. Starting at 7:00 p.m. is not reasonable. Defendant’s motion for a protective order should be granted. / DATED: September 4 LC , 2021 LAW OFFICES OF MICHAEL G. AC RMAN Attorneys f Defendant, PANIDA MICVHAEchyACKERM N,ESQ. CHINSUP KUL REPLY MEMORANDUM lN SUPPORT OF MOTION FOR PROTECTIVE ORDER CASE NO.: 21CV38] l 10 AWN \OOOQOUI 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE The undersigned declares: I am a citizen of the United States and a resident of Santa Clara County, State of California. I am over the age of eighteen (1 8) years and not a party to the within above-entitled action. My business address is 2391 The Alameda, Suite 100, Santa Clara, CA 95050. On September 16, 2021, I served a copy of the following document(s) described as: - REPLY MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER on the interested parties in this action by placing true copies thereof to the person(s) listed below: Ms. Skye Langs, Esq. COBLENTZ PATCH DUFFY & BASS LLP One Montgomery St., Suite 3000 San Francisco, CA 94104 Telephone: (415) 391-4800 Facsimile: (415) 989-1663 email: ef-sdl c db.com (Attorneyfor Plaintiffs, Anne Ting, Jack Ting, and Nicole Ting- Yap) ( ) (By U.S. Mail) I am readily familiar with my employer’s business practice for collection and processing of correspondence for mailing with the United States Postal Service. I'am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter is more than one day after dated of deposit for mailing in affidavit. I caused to be deposited such envelope(s) with postage thereon fully paid to be placed in the United States Mail at Santa Clara, California. 90 (By E-Mail) I caused a true copy of the foregoing document t0 be served on Skye Langs, of Coblentz Patch Duffy & Bass LLP, at slangs@coblentzlaw.com. The e-mails were complete and no reports of error were received on September l6 2021. ( ) (By Facsimile) I caused to be served by facsimile a true and correct copy pursuant to C.C.P. §101 3(e), calling for agreement and written confirmation of that agreement on court order, to the number(s) listed above or on an attached sheet. Said transmission was reported complete and without error. ( ) (By Federal Express) I caused to be served a true and correct copy enclosed in a sealed - 3 - REPLY MEMORANDUM IN SUPPORT 0F MOTION FOR PROTECTIVE ORDER CASE N0.: 21CV381110 \OOO\!O\ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 package, for California Overnight collection and for overnight delivery. I had said envelope marked for collection and overnight delivery to the addressed and to the office of the addressee(s) as above indicated. In the ordinary course of business and including said overnight envelopes, will be deposited with Federal Express at Santa Clara, California. I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct and that this declaration was executed in the City of Santa Clara, State of California on September 16, 2021. S E A IEL.SN R REPLY MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER CASE N0.: 21CV381110