On October 24, 2013 a
Motion-Secondary
was filed
involving a dispute between
Copernicus Dynamics, Lp,
Fleming, Norman C.,
Geisler, Fred,
Roes 1-25, Inclusive,
Zischke, Gena,
Tedan Surgical Innovations, Llc, A Texas Limited Liability Company,
and
3Cor, Inc, A California Corporation,
3Cor Medical, Inc.,
Azucena, Kimberly,
Bass, Daniel,
Does 1 To 25,
Does 2 To 25,
Fishman, Daniel,
Glynn, Robert John, Jr,
Industry Of The Redwoods, Llc, A Nevada Llc,
Johnston, Terry,
Magnolia Group, Llp,
Mier, Rowena,
Rhausler, Inc.,
Rhausler, Inc., A California Corporation,
Sims, Katie, Certified Public Acc,
Tedan Surgical Innovations, Llc, A Texas Limited Liability Company,
for Complex Civil Unlimited
in the District Court of San Mateo County.
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JEFFREY F. RYAN (CA Bar No. 129079)
J eff@j effreyryanlaw.com
LAW OFFICES OF JEFFREY F. RYAN
The Fitzgerald Building
2000 Broadway Street
Redwood City, California 94063 ‘
F I L
SAN MATEO COUNTY
E E}
Phone: (650) 924—8343
MAY 08 2018
JENNIFER J. HAGAN (CA Bar N 0. 157127)
J hagan@haganlaw.com
THE HAGAN LAW FIRM
535 Middlefield Road, Suite 190
Menlo Park, CA 94025
Phone: (650) 322-8498
Attorneys for Plaintiffs, v4
23;-
FRED H. GEISLER, NORMAN C. FLEMING, and GENA ZISCHKE ‘5‘:-
,_
10
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA a
rem
ate
11 FOR THE COUNTY OF SAN MATEO .
ll
fir—
nun!
12 CIVIL DIVISION-SOUTHERN BRANCH
13
FRED GEISLER, M.D., Ph.D.,an individual, ) Case N o. 17CIV02888
14
NORMAN C. FLEMING, an individual, )
15
and GENA ZISCHKE, an individual, )
directly, and derivatively on behalf of ) PLAIN TIFF’S REPLY TO
16' RHAUSLER, INC., and ROES 1 to 25, ) TEDAN’S OPPOSITION
Inclusive, ) TO MOTION FOR CIVIL
17 ) CONTEMPT AGAINST __ _ ,__ __.
V. ) TERRY JOHNSTON iviriiilV—ozsse
18 ) Points and Authorities in Repl
Memorandum 01
TERRY J. JOHNSTON, an individual; KATIE ) 11a B 05
19 SIMS, CPA, an individual; ROBERT JOHN )
l
GLYNN, JR., an individual; 3COR MEDICAL, )
20 NC, a California Corporation; TEDAN )
ll Ii MINI ||||__
_
SURGICAL INNOVATIONS, LLC, a Texas )
21 Limited Liability Company, & DOES l to 25, ) Hearing Date: May 15, 2018
Inclusive, ) Time: 9:00 a.m.
22
Defendants, ) Dept: Law & Motion
) Judge: Hon. Susan Greenberg
23 .
and RHAUSLER, lNC., a California )
24
Corporation, ) Action Filed: June 28, 2017
) FAC Filed: Sept. 1, 2017
25 Nominal Defendant. ) Trial Date: None Set
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Page 1 of 2
GEISLER’S REPLY TO TEDAN’S OPPOSITION TO MOTION FOR CIVIL CONTENIPT AGAINST JOHNSTON
FOR FAILURE TO COMPLY WITH DISCOVERY ORDER OF FEBRUARY 16, 2018
SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888
COMES NOW, PLAINTIFF, FRED H. GEISLER, and submits his Reply to
Defendant, TEDAN SURGICAL INNOVATION, LLC’S (“TEDAN”) PARTLAL Opposition
to Geisler’s Motion for Civil Contempt for willfi11 defiance of this Court's discovery Order
made on February 16, 2018, and entered on March 5, 2018.
Geisler hereby infonns the Court that he withdraws any request made pursuant to Geisler’s
Motion for Contempt against Johnston for issue preclusion sanctions which would unfairly
prejudice Tedan Surgical Innovations, LLC, as more fully set forth in Tedan’s partial
opposition to Geisler’s Motion for Contempt filed on or about May 2, 2018.
10 Geisler is persuaded by Tedan’s Opposition pleadings that no law permits the Court to
11 grant issue preclusion sanctions against Tedan which is not involved in the contempt of the
12 Discovery Order or the discovery dispute with Johnston.
13
14 Dated: May 8, 2018
15 HAGAN LAW, INC.
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17
18
By: 44
JENNIFER I‘IAGAN
44am
Attorney for the Plaintiff, Dr. Fred H. Geisler
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Page 2 of 2
GEISLER’S REPLY TO TEDAN’S OPPOSITION T0 MOTION FOR CIVIL CONTEMPT AGAINST JOHNSTON
FOR FAILURE TO COMPLY WITH DISCOVERY ORDER OF FEBRUARY 16, 2018
SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888
Preview
\93 JEFFREY F. RYAN (CA Bar No. 129079) J eff@j effreyryanlaw.com LAW OFFICES OF JEFFREY F. RYAN The Fitzgerald Building 2000 Broadway Street Redwood City, California 94063 ‘ F I L SAN MATEO COUNTY E E} Phone: (650) 924—8343 MAY 08 2018 JENNIFER J. HAGAN (CA Bar N 0. 157127) J hagan@haganlaw.com THE HAGAN LAW FIRM 535 Middlefield Road, Suite 190 Menlo Park, CA 94025 Phone: (650) 322-8498 Attorneys for Plaintiffs, v4 23;- FRED H. GEISLER, NORMAN C. FLEMING, and GENA ZISCHKE ‘5‘:- ,_ 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA a rem ate 11 FOR THE COUNTY OF SAN MATEO . ll fir— nun! 12 CIVIL DIVISION-SOUTHERN BRANCH 13 FRED GEISLER, M.D., Ph.D.,an individual, ) Case N o. 17CIV02888 14 NORMAN C. FLEMING, an individual, ) 15 and GENA ZISCHKE, an individual, ) directly, and derivatively on behalf of ) PLAIN TIFF’S REPLY TO 16' RHAUSLER, INC., and ROES 1 to 25, ) TEDAN’S OPPOSITION Inclusive, ) TO MOTION FOR CIVIL 17 ) CONTEMPT AGAINST __ _ ,__ __. V. ) TERRY JOHNSTON iviriiilV—ozsse 18 ) Points and Authorities in Repl Memorandum 01 TERRY J. JOHNSTON, an individual; KATIE ) 11a B 05 19 SIMS, CPA, an individual; ROBERT JOHN ) l GLYNN, JR., an individual; 3COR MEDICAL, ) 20 NC, a California Corporation; TEDAN ) ll Ii MINI ||||__ _ SURGICAL INNOVATIONS, LLC, a Texas ) 21 Limited Liability Company, & DOES l to 25, ) Hearing Date: May 15, 2018 Inclusive, ) Time: 9:00 a.m. 22 Defendants, ) Dept: Law & Motion ) Judge: Hon. Susan Greenberg 23 . and RHAUSLER, lNC., a California ) 24 Corporation, ) Action Filed: June 28, 2017 ) FAC Filed: Sept. 1, 2017 25 Nominal Defendant. ) Trial Date: None Set 26 27 28 Page 1 of 2 GEISLER’S REPLY TO TEDAN’S OPPOSITION TO MOTION FOR CIVIL CONTENIPT AGAINST JOHNSTON FOR FAILURE TO COMPLY WITH DISCOVERY ORDER OF FEBRUARY 16, 2018 SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888 COMES NOW, PLAINTIFF, FRED H. GEISLER, and submits his Reply to Defendant, TEDAN SURGICAL INNOVATION, LLC’S (“TEDAN”) PARTLAL Opposition to Geisler’s Motion for Civil Contempt for willfi11 defiance of this Court's discovery Order made on February 16, 2018, and entered on March 5, 2018. Geisler hereby infonns the Court that he withdraws any request made pursuant to Geisler’s Motion for Contempt against Johnston for issue preclusion sanctions which would unfairly prejudice Tedan Surgical Innovations, LLC, as more fully set forth in Tedan’s partial opposition to Geisler’s Motion for Contempt filed on or about May 2, 2018. 10 Geisler is persuaded by Tedan’s Opposition pleadings that no law permits the Court to 11 grant issue preclusion sanctions against Tedan which is not involved in the contempt of the 12 Discovery Order or the discovery dispute with Johnston. 13 14 Dated: May 8, 2018 15 HAGAN LAW, INC. 16 17 18 By: 44 JENNIFER I‘IAGAN 44am Attorney for the Plaintiff, Dr. Fred H. Geisler 19 20 21 22 23 24 25 26 27 28 Page 2 of 2 GEISLER’S REPLY TO TEDAN’S OPPOSITION T0 MOTION FOR CIVIL CONTEMPT AGAINST JOHNSTON FOR FAILURE TO COMPLY WITH DISCOVERY ORDER OF FEBRUARY 16, 2018 SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888