On October 24, 2013 a
Order
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.
Preview
FILED
SAN MATEO COUNTY
JUN 0 8 2018
cmEfiéBsé
3K”.°
_ _
Case Management Order
1196 3
'“ - V—-
, .
B31%
Clerk 0“
DEP
U
CLERK
r COUI’E
Illlllllllllllmll”lull/III ll
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
COMPLEX CIVIL LITIGATION
FRED H. GEISLER M.D., Ph.D, an
individual, NORMAN C. FLEMING, an Case No. 17CIV02888
individual, and GENA ZISCHKE, an DERIVATIVE and INDIVIDUAL
individual, directly and derivatively on ACTION
behalf of PHASULER, INC., a
California Corporation, Assigned for all purposes to Dept. 2
Hon. Marie S. Weiner
Plaintiffs,
CASE MANAGEMENT ORDER #2
vs.
TERRY J. JOHNSTON, et a1.,
Defendants.
_ and _
RHAUSLER, INC.,
Nominal Defendant.
On June 7, 2018, a Case Management Conference was held in Department 2 of
this Court before the Honorable Marie S. Weiner. Jeffrey Ryan, Esq. appeared on behalf
of Plaintiffs; Robert Bodzin of Burnham Brown appeared on behalf of Defendant Tedan
Surgical Innovations LLC; James Jacobs of GCA Law Partners LLP appeared on behalf
,—
of Defendants Terry Johnston and Robert Glynn Jr.; Tom Prountzos of Goodman
Neuman Hamilton LLP appeared on behalf of Defendants Katie Sims CPA and Magnolia
Group LLP; andDaniel Hardy of Coombs & Dunlap LLP appeared on behalf of Nominal
Defendant Rhausler Inc.
Defendants requested an extension of time to respond to the new Second
Amended Complaint, and indicated that one of the newly added Defendants may be
contesting personal jurisdiction.
.
Discovery disputes were discussed as well as the pending motion for sanctions.
(
The Court made the following rulings at the Conference, which are set forth
herein as the formal order of this. Court.
IT IS HEREBY ORDERED as follows:
1. Plaintiffs” pending Motion for Order of Civil Contempt against Defendant
Terry Johnston is DENIED WITHOUT PREJUDICE, for the reasons stated on the record
at the Conference, wherein the Court also found that the motion was brought in good
faith and merit.
2. Henceforth, prior to setting/noticing any deposition, counsel for the parties
shall use best efforts to meet and confer regarding deposition dates.
3'.
‘
The parties are GRANTED an extension of time to bring any motion to
compel discovery previously propounded or previously responded, in order to facilitate
further meet and confer and the holding of a Discovery Conference, until further Order of
this Court.
4. Defendants’ oral request for an extension of time to file and serve their
responses to the new Second Amended Complaint filed May 29, 2018 is GRANTED.
Defendants shall file and serve their response(s) to the Second Amended Complaint on or
'before August 1, 2018. If the response is anything other than an Answer, then the
demurrer, motion to strike, motion re: lack of jurisdiction or other motion regarding the
pleadings is set for hearing on Wednesday, September 12, 2018 at 9:00 a.m. in
Department 2 of this Court. Any opposition shall be filed and served on or before
August 22, 2018. Any reply shall be filed and served on or before September 5, 2018.
5. On or before June 21, 2018, Plaintiffs shall serve their Privilege Log
pertaining to the requests for production of documents by Defendant Johnston. Plaintiffs’
untimely objections to those requests for production of documents are deemed WAIV ED,
except that Plaintiffs are GRANTED leave to object on the basis of privilege and the
constitutional right to privacy (and as to those documents, they are to be “logged”).
6.. A Discovery Conference is set for Tuesday, August 7, 2018 and
Wednesday, September 12, 2018 at 9:00 a.m. in Department 2 of this Court, to discuss
ALL outstanding discovery disputes. Counsel for the parties shall submit directly to
Department 2, and serve upon counsel for all parties, a short letter brief (not filed) on
outstanding issues, afier meet and confer, with supporting information for the Court (or
reference to documents already filed), on or before July 21, 2018 and September 5,
2018, respectively. if there are no discovery disputes, counsel should so notify the Court
and the Discovery Conference will be taken off calendar.‘
7. A Case Management Conference is set for Wednesday, September 12,
2018 at 9:00 a.m. in Department 2 of this Court, located at Courtroom 2B, 400 County
Center, Redwood City, California.
'.
8. In anticipation of the Case Management Conference, counsel for the
parties should be prepared to discuss at the hearing and file written case management
conference statements (in prose and details, not using the standardized Judicial
Council form) with a courtesy copy delivered directly to Department 2 on or before
I
September 5, 2018, as to the following:
a. Status of Pleadings, and service of process upon all named Defendants;
b. Status of Discovery, including the initial production of documents by all
parties, and the deposition of Plaintiffs and of Defendants’ PMKs;
c. Status of Settlement or Mediation;
d. Any other anticipated motions and proposed briefing schedule;
W
e. Setting of next CMC date; and
f. Any other matters for which the parties seek Court ruling or scheduling.
DATED: June 7, 2018
HON. MARIE s. WEINER
JUDGE OF THE SUPERIOR COURT
~
SERVICE LIST ‘
Geisler v. Johnston (Rhausler), Derivative Action 17CIV02888
As of May 2018
(
Attorneys for Plaintiffs:
JEFFREY RYAN, ESQ.
2000 Broadway Street
Redwood City, CA 94063
(650) 922-2341
JENNIFER HAGAN, ESQ.
535‘ Middlefield Road
Suite 190 _
Menlo Park, CA 94025
(650) 322-8498 .
Attorneys for Defendants:
ROBERT BODZIN
KATRINA DUREK
BURNHAM BROWN
PO. Box 119
Oakland, CA 94604
(510) 444-6800
JAMES JACOBS
ROBERT LUCKINBILL
GCA LAW PARTNERS LLP
2570 West El Camino Real
Suite 400
Mountain View, CA 94040
(650) 428-3900
FARLEY NEUMAN
TOM PROUNTZOS
GOODMAN NEUMAN HAMILTON LLP
417 Montgomery Street, 10th Floor
San Francisco, Ca 94104
(415) 705-0400
Attorneys for Nominal Defendant:
DAVID DELL
DANIEL HARDY
CYNTHIA SMITH
COOMBS & DUNLAP LLP
1211 Division Street
Napa, CA 94559
Preview
FILED SAN MATEO COUNTY JUN 0 8 2018 cmEfiéBsé 3K”.° _ _ Case Management Order 1196 3 '“ - V—- , . B31% Clerk 0“ DEP U CLERK r COUI’E Illlllllllllllmll”lull/III ll SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO COMPLEX CIVIL LITIGATION FRED H. GEISLER M.D., Ph.D, an individual, NORMAN C. FLEMING, an Case No. 17CIV02888 individual, and GENA ZISCHKE, an DERIVATIVE and INDIVIDUAL individual, directly and derivatively on ACTION behalf of PHASULER, INC., a California Corporation, Assigned for all purposes to Dept. 2 Hon. Marie S. Weiner Plaintiffs, CASE MANAGEMENT ORDER #2 vs. TERRY J. JOHNSTON, et a1., Defendants. _ and _ RHAUSLER, INC., Nominal Defendant. On June 7, 2018, a Case Management Conference was held in Department 2 of this Court before the Honorable Marie S. Weiner. Jeffrey Ryan, Esq. appeared on behalf of Plaintiffs; Robert Bodzin of Burnham Brown appeared on behalf of Defendant Tedan Surgical Innovations LLC; James Jacobs of GCA Law Partners LLP appeared on behalf ,— of Defendants Terry Johnston and Robert Glynn Jr.; Tom Prountzos of Goodman Neuman Hamilton LLP appeared on behalf of Defendants Katie Sims CPA and Magnolia Group LLP; andDaniel Hardy of Coombs & Dunlap LLP appeared on behalf of Nominal Defendant Rhausler Inc. Defendants requested an extension of time to respond to the new Second Amended Complaint, and indicated that one of the newly added Defendants may be contesting personal jurisdiction. . Discovery disputes were discussed as well as the pending motion for sanctions. ( The Court made the following rulings at the Conference, which are set forth herein as the formal order of this. Court. IT IS HEREBY ORDERED as follows: 1. Plaintiffs” pending Motion for Order of Civil Contempt against Defendant Terry Johnston is DENIED WITHOUT PREJUDICE, for the reasons stated on the record at the Conference, wherein the Court also found that the motion was brought in good faith and merit. 2. Henceforth, prior to setting/noticing any deposition, counsel for the parties shall use best efforts to meet and confer regarding deposition dates. 3'. ‘ The parties are GRANTED an extension of time to bring any motion to compel discovery previously propounded or previously responded, in order to facilitate further meet and confer and the holding of a Discovery Conference, until further Order of this Court. 4. Defendants’ oral request for an extension of time to file and serve their responses to the new Second Amended Complaint filed May 29, 2018 is GRANTED. Defendants shall file and serve their response(s) to the Second Amended Complaint on or 'before August 1, 2018. If the response is anything other than an Answer, then the demurrer, motion to strike, motion re: lack of jurisdiction or other motion regarding the pleadings is set for hearing on Wednesday, September 12, 2018 at 9:00 a.m. in Department 2 of this Court. Any opposition shall be filed and served on or before August 22, 2018. Any reply shall be filed and served on or before September 5, 2018. 5. On or before June 21, 2018, Plaintiffs shall serve their Privilege Log pertaining to the requests for production of documents by Defendant Johnston. Plaintiffs’ untimely objections to those requests for production of documents are deemed WAIV ED, except that Plaintiffs are GRANTED leave to object on the basis of privilege and the constitutional right to privacy (and as to those documents, they are to be “logged”). 6.. A Discovery Conference is set for Tuesday, August 7, 2018 and Wednesday, September 12, 2018 at 9:00 a.m. in Department 2 of this Court, to discuss ALL outstanding discovery disputes. Counsel for the parties shall submit directly to Department 2, and serve upon counsel for all parties, a short letter brief (not filed) on outstanding issues, afier meet and confer, with supporting information for the Court (or reference to documents already filed), on or before July 21, 2018 and September 5, 2018, respectively. if there are no discovery disputes, counsel should so notify the Court and the Discovery Conference will be taken off calendar.‘ 7. A Case Management Conference is set for Wednesday, September 12, 2018 at 9:00 a.m. in Department 2 of this Court, located at Courtroom 2B, 400 County Center, Redwood City, California. '. 8. In anticipation of the Case Management Conference, counsel for the parties should be prepared to discuss at the hearing and file written case management conference statements (in prose and details, not using the standardized Judicial Council form) with a courtesy copy delivered directly to Department 2 on or before I September 5, 2018, as to the following: a. Status of Pleadings, and service of process upon all named Defendants; b. Status of Discovery, including the initial production of documents by all parties, and the deposition of Plaintiffs and of Defendants’ PMKs; c. Status of Settlement or Mediation; d. Any other anticipated motions and proposed briefing schedule; W e. Setting of next CMC date; and f. Any other matters for which the parties seek Court ruling or scheduling. DATED: June 7, 2018 HON. MARIE s. WEINER JUDGE OF THE SUPERIOR COURT ~ SERVICE LIST ‘ Geisler v. Johnston (Rhausler), Derivative Action 17CIV02888 As of May 2018 ( Attorneys for Plaintiffs: JEFFREY RYAN, ESQ. 2000 Broadway Street Redwood City, CA 94063 (650) 922-2341 JENNIFER HAGAN, ESQ. 535‘ Middlefield Road Suite 190 _ Menlo Park, CA 94025 (650) 322-8498 . Attorneys for Defendants: ROBERT BODZIN KATRINA DUREK BURNHAM BROWN PO. Box 119 Oakland, CA 94604 (510) 444-6800 JAMES JACOBS ROBERT LUCKINBILL GCA LAW PARTNERS LLP 2570 West El Camino Real Suite 400 Mountain View, CA 94040 (650) 428-3900 FARLEY NEUMAN TOM PROUNTZOS GOODMAN NEUMAN HAMILTON LLP 417 Montgomery Street, 10th Floor San Francisco, Ca 94104 (415) 705-0400 Attorneys for Nominal Defendant: DAVID DELL DANIEL HARDY CYNTHIA SMITH COOMBS & DUNLAP LLP 1211 Division Street Napa, CA 94559