declaration of mahmoud a fadli esq in support of ex parte applicati

Cal. Super. - 1st Dist.October 13, 2021

1 2 3 4 5 Randolph S. Hicks, Esq. - SBN 83627 Mahmoud A. Fadli, Esq. - SBN 280607 CODDINGTON, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendants 6 Wheels Up Partners, LLC and GAMA Aviation, LLC 7 8 9 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SHARON BARR-DAY and BRANDON Case No. CGC-20-584022 11 DAY, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs, , vs. WHEELS UP PARTNERS, LLC a New York Limited Liability Company; GAMA AVIATION LLC, a Connecticut Limited Liability Company doing business as Gama Aviation Signature, Currently Unknown Pilot in Command sued herein as DOE 1; Currently Unknown Co-Pilot, sued herein as DOE 2; and DOES 3-50, inclusive, Defendants. I, Mahmoud A. Fadli, declare that: DECLARATION OF MAHMOUD A. FADLI, ESQ. IN SUPPORT OF EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE Date: Time: Department: Trial Date: New Trial Date: March 4, 2021 11:00 a.m. Presiding Judge June 28, 2021 May 2, 2022 1. I am an attorney duly licensed to practice before all courts in the State of California, and am an attorney at Coddington, Hicks & Danforth, attorneys of record for defendants Wheels Up Partners, LLC and Gama Aviation LLC ("Defendants"). I make this declaration from my own personal knowledge, and if called to do so, can and would testify to each fact set forth herein. 2. The instant matter was filed on April 2, 2020 and became at issue on or about May 29, 2020. Thereafter, the parties commenced discovery. The instant action involves an aircraft turbulence incident and associated physical and economic injuries to plaintiffs. 1 Deel. Mahmoud A. Faclli ISO EPA Stipulated Trial Continuance Case No: CGC-20-584022 755876 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 03/03/2021 Clerk of the Court BY: SANDRA SCHIRO Deputy Clerk 1 However, plaintiff Sharon Barr-Day's injuries are also related to a 2014 motor vehicle accident. 2 That matter, Barr-Dqy v. Joseph Virchis (Contra Costa County Superior Court Case No. C16- 3 00332), is currently being litigated. 4 3. From the onset of the case to the present date, the parties have met and 5 conferred on numerous matters, including Defendants' answer to plaintiffs' complaint and 6 plaintiffs' discovery responses. 7 4. Considering the nature of plaintiff Sharon Barr-Day's injuries, defendants have 8 subpoenaed well over thirty medical providers and received thousands of pages of medical 9 records for review; and these documents continue to arrive, often delayed due to the challenges 10 of the instance circumstances related to COVID-19. 11 5. The breadth of discovery, and the associated difficulties related to COVID-19, 12 Shelter in Place orders, and limited resources have further delayed further discovery and the 13 taking of plaintiffs' depositions. 14 6. Therefore, the parties, together, request that this Court continue the trial set for 15 June 28, 2021 to May 2, 2022, or any date as soon thereafter as is convenient for the Court. 16 7. No party will suffer prejudice by the continuance. In fact, a trial continuance is in 17 the best interest of the parties' respective desires to properly investigate the case, complete 18 discovery, and determine whether alternative forms of dispute resolution will be effective in 19 resolving it. The parties believe in good faith that a May 2, 2022 trial date will take into 20 consideration all of these aforementioned factors. 21 8. Plaintiffs have stipulated to this instance continuance and have also stipulated to 22 counsel for Defendants' appearing ex parte on behalf of all parties to present this application. 23 9. The parties agreed to waive notice regarding this ex parte application for a trial 24 continuance. Additionally, the parties have agreed that counsel for Defendants would appear to 25 present the Ex Parte Application for a Stipulated Trial Continuance to the Court. (Exhibits A, 26 B) 27 10. On March 2, 2021, I electronically served plaintiffs' counsel notice of this 28 Application. Upon notification of this application, plaintiffs' counsel consented to counsel for 2 Deel. Mahmoud A. Faclli ISO EPA Stipulated Trial Continuance Case No: CGC-20-584022 755876 1 Defendants' attendance at this ex parte hearing to continue the trial date pursuant to the 2 stipulation of the parties. (Exhibit B) 3 4 I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct. 6 Executed on March 2, 2021 at Hayward, California. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mahmou 3 Deel. Mahmoud A. Fadli ISO EPA Stipulated Trial Continuance Case No: CGC-20-584022 755876 EXHIBIT A 1 2 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 Deel. Mahmoud A. Fadli ISO EPA Stipulated Trial Continuance Case No: CGC-20-584022 755876 1 2 3 4 5 Randolph S. Hicks, Esq. - SBN 83627 Mahmoud A. Fadli, Esq. - SBN 280607 CODDINGTON, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendants 6 Wheels Up Partners, LLC and GAMA Aviation, LLC 7 8 9 10 IN THE SUPERIOR COURT OF THE STA TE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SHARON BARR-DAY and BRANDON Case No. CGC-20-584022 11 DAY, 12 Plaintiffs,, STIPULATION OF THE PARTIES TO CONTINUE TRIAL 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. WHEELS UP PARTNERS, LLC a New York Limited Liability Company; GAMA AVIATION LLC, a Connecticut Limited Liability Company doing business as Gama Trial Date: Aviation Signature, Currently Unknown Pilot New Trial Date: in Command sued herein as DOE 1; Currently Unknown Co-Pilot, sued herein as DOE 2; and DOES 3-50, inclusive, Defendants. June 28, 2021 May 2, 2022 IT IS HEREBY STIPULATED, by and between plaintiffs Sharon Barr-Day and Brandon Day, and defendants Wheels Up Partners, LLC and Gama Aviation LLC (hereinafter collectively "the Parties"), through their counsel of record, as follows: I. RECITALS WHEREAS this lawsuit for damages as a result of personal injury was initially filed on April 20, 2020 by plaintiffs; WHEREAS this matter first became at issue on or about May 29, 2020 with the filing of defendants' answer to plaintiffs' complaint; Stipulation to Continue Trial Case No: CGC-20-584022 1 755878 1 WHEREAS, as of the date of this stipulation, the parties have met and conferred on 2 numerous issues, including defendants' answer to plaintiffs' complaint and plaintiffs' initial 3 responses to defendants' first set of written discovery; 4 WHEREAS, as of the date of this stipulation, defendants' continue to receive 5 voluminous records related to plaintiff Sharon Barr-Day's alleged injuries due to the matters 6 complained of in plaintiffs' complaint; 7 WHEREAS defendants continue to investigate plaintiffs' claims related to this instant 8 action and injuries arising from a related matter, Ba"-Dtry v. Joseph V irchis (Contra Costa County 9 Superior Court Case No. C16-00332); 10 WHEREAS the parties have yet to conduct any depositions due to delays related to 11 COVID-19, discovery, and witness availability; 12 WHEREAS, the parties have agreed, in good faith, to continue trial to allow for the 13 timely completion of discovery, possible alternative dispute resolution, the timely addressing of 14 a number of related matters, and to accommodate the certain delays as a result of the COVID- 15 19 outbreak, including difficulties with respect to witness depositions, the retention of experts, 16 the completion of an independent medical examination, and related pre-trial motions; 17 WHEREAS, the parties seek to spare the court of a premature and lengthy trial; 18 WHEREAS, the parties acknowledge that the shelter in place order concerning the 19 COVID-19 outbreak has significantly reduced the Court's capacity, resulted in the temporary 20 closure of the office of defendants' counsel, and will invariably delay discovery and other pre- 21 trial matters; 22 II. AGREEMENT 23 1. Any party hereto may file this stipulation, or in the alternative, file a motion, or 24 an ex parte application, at its earliest opportunity to respectfully request that the Court vacate 25 the current trial date and all associated dates; 26 2. That a new trial date be set for May 2, 2022, or as soon thereafter as the Court's 27 calendar can accommodate; 28 Stipulation to Continue Trial Case No: CGC-20-584022 2 755878 1 3. That all dates and deadlines triggered by the trial date, including discovery cut-off 2 and dipositive motions, shall be recalculated upon the new trial date. 3 4 Respectfully Submitted: 5 6 7 8 9 10 11 12 Dated: March 1, 2021 13 Dated: March 1, 2021 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Continue Trial Case No: CGC-20-584022 3 VAN DE POEL, LEVY, THOMAS, ARNEAL LLP ~ ,_k::l By: _______________ _ John F. Van De Poel William E. Manning Attorneys for Plaintiffs Sharon Barr-Day and Brandon Barr-Day CODDINGTON, HICKS & DANFORTH By: RR~an~~~~~~~~~:::.__- Ma Attorneys Wheels Up nd GAMA Aviation, LLC 755878 EXHIBITB 1 2 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 5 Deel. Mahmoud A. Fadli ISO EPA Stipulated Trial Continuance Case No: CGC-20-584022 755876 From: William E. Manning To: Mahmoud A. Fadli Cc: William E. Manning Subject: RE: Barr-Day - Notice of Ex Parte Date: Tuesday, March 2, 2021 12:39:51 PM Attachments: image001.png Agreed re no opposition and no appearance. Waive notice but obviously require the Order. Thank You, Bill William E. Manning Van De Poel, Levy, Thomas, Arneal LLP 1600 S Main Plaza, Suite 325 Walnut Creek, CA 94596 Phone: (925) 934-6102 Fax (925) 934-6060 wmanning@vanlevylaw.com www.vanlevylaw.com Our Southern California Office: 23801 Calabasas Road, Suite 100 Calabasas, California, 91302 Telephone: (844) 400-6585 (PLEASE REPLY TO ME IN WALNUT CREEK) CONFIDENTIALITY CAUTION: This message is intended only for the use of the addressee(s) and may contain privileged or confidential information. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at our costs. From: Mahmoud A. Fadli Sent: Tuesday, March 2, 2021 11:07 AM To: William E. Manning Subject: Barr-Day - Notice of Ex Parte Mr. Manning, Attached please find our moving papers for our Ex Parte Appearance Seeking an Order from the Court Continuing Trial Pursuant to our Stipulation. We will be appeared on behalf of all parties on Thursday, March 4, 2021 at 11:00 a.m. before the PJ department. We will appear remotely. Please confirm receipt of the papers and that (1) you agree to my appearing on behalf of all parties to continue the trial and (2) that you waive notice pursuant to our stipulation. You may, of course, appear if you wish. If there is anything you’d like for me to let the Court know, let me know - I’d be more than happy to pass the message along. Thanks! Respectfully, Mahmoud A. Fadli, Esq. Attorney mfadli@chdlawyers.com 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 T: 650.592.5400 | F: 650.592.5027 Silicon Valley | Los Angeles www.chdlawyers.com This email has been scanned for spam and viruses. Click here to report this email as spam. 1 2 3 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) 4 I, the undersigned, declare that I am employed in the County of San Mateo, State of 5 California. I am over the age of eighteen (18) years and not a party to the within action. My 6 business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My 7 electronic mail address is joseguera@chdlawyers.com 8 I am readily familiar with my employer's business practice for collection and processing 9 of correspondence and documents for mailing with the United States Postal Service, mailing via 1 O overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On March 3, 2021, I served a copy of each of the documents listed below by placing 12 them for processing as indicated herein. 13 DECLARATION OF MAHMOUD A. FADLI, ESQ. IN SUPPORT OF EX PARTE 14 APPLICATION FOR STIPULATED 15 16 17 18 19 20 21 22 23 24 25 26 27 TRIAL CONTINUANCE United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight de1ivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. 28 XX Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 1 2 3 4 5 6 7 8 9 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/ or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of tliis document bearing the original signature is on file and available for insl?ection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rufe 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for insl?ection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: William E. Manning, Esq. 10 Tennifer Z. Krenzin, Esq. Van De Poel, Levy, Thomas, Arneal LLP 11 1600 S. Main Plaza, Suite 325 Walnut Creek, CA 94596 12 13 Telephone: Facsimile: 14 E-mail: (925) 934-6102 (925) 934-6060 law.com E-mail: ·krenzi N'.com 15 E-mail: kmetle w.com 16 17 18 19 20 21 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on March 3, 2021. Court Superior Court of Califomia,S an Francisco Counry 22 Action o: CGC-20-584022 23 24 25 26 27 28 Case Name: Ba"-D'!J v. Wheels Up, I.LC