notice of wheels up partners llc and gama aviation llc ex parte appli

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

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 Randolph S. Hicks, Esq. - SBN 83627 Mahmoud A. Fad.Ii, 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 Wheels Up Partners, LLC and GAMA Aviation, LLC IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SHARON BARR-DAY and BRANDON DAY, Plaintiffs, , vs. WHEELS UP PAR1NERS, 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. Case No. CGC-20-584022 NOTICE OF WHEELS UP PAR1NERS, LLC AND GAMA AVIATION, LLC EX PARTE APPLICATION FOR AN ORDER 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 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on March 4, 2021 at 11:00 a.m., or as soon thereafter as the matter may be presented, in Department (Presiding Judge's Department) of this court, located at 400 McAllister Street, San Francisco, CA, Defendants Wheels Up Partners, LLC and Gama Aviation LLC ("Defendants") will apply, ex parte, for an orders pursuant to stipulation of the parties (a) continuing the trial in this case from June 28, 2021 TO May 2, 2022, or as soon thereafter as is convenient for the Court. Notice of Ex Parte Application to Continue Trial Case No: CGC-20-584022 I 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 This ex parte application is based on this notice, the accompanying memorandum of 2 points and authorities, the Declarations of Mahmoud A. Fadli in support thereof, and such 3 other oral and documentary evidence as may be submitted at or before the presentation of this 4 application. 5 In accordance with Cal. Rules of Court, rules 3.1203 and 3.1204, Defendants Wheels Up 6 Partners, LLC and Gama Aviation LLC gave timely notice of this ex parte application to 7 plaintiffs', through counsel, on March 2, 2021, at approximately prior to 11:07 a.m. -well 8 before 10:00 a.m. on March 3, 2021 as required by the Rules of Court. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 3, 2021 Notice of Ex Parte Application to Continue Trial Case No: CGC-20-584022 2 . ' . . -· ..... ··- ··•,.--' , ttorneys for Defendants eels Up Pattners,.LLC..aoo-6 :AMA Aviation, LLC 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 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(6) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is josegµera@chdlawyers.com I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On March 3, 2021, I served a copy of each of the documents listed below by placing them for processing as indicated herein. NOTICE OF WHEELS UP PARTNERS, LLC AND GAMA AVIATION, LLC EX PARTE APPLICATION FORAN ORDER FOR STIPULATED 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. xx Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, 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 envefopes with a receptionist or other person naving 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. 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