- Save The Koret Foundation
Transcription
- Save The Koret Foundation
1 2 3 4 5 6 7 8 9 10 KEKER & VAN NEST LLP SUSAN J. HARRIMAN - # 111703 [email protected] DANIEL PURCELL - # 191424 [email protected] R. JAMES SLAUGHTER - # 192813 [email protected] EDWARD A. BAYLEY - # 267532 [email protected] 633 Battery Street San Francisco, CA 94111-1809 Telephone: 415 391 5400 Facsimile: 415 397 7188 Attorneys for Defendants and Cross-Complainants THADDEUS N. TAUBE; RICHARD L. GREENE; RICHARD ATKINSON; MICHAEL J. BOSKIN; ANITA FRIEDMAN; ABRAHAM D. SOFAER; ROBERT FRIEND; AND THE KORET FOUNDATION 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 IN AND FOR THE COUNTY OF SAN FRANCISCO 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUSAN KORET, individually and as Lifetime Director of the Koret Foundation, Plaintiff, v. THADDEUS N. TAUBE, RICHARD L. GREENE, RICHARD ATKINSON, MICHAEL J. BOSKIN, ANITA FRIEDMAN, and ABRAHAM D. SOFAER, individually, and in their capacities as Directors of the KORET FOUNDATION; the KORET FOUNDATION, as a Nominal Party, and DOES ONE through TEN, inclusive, Case No. CGC 14-542069 JOINT TRIAL PLAN – PLAINTIFF SUSAN KORET’S SIXTH CAUSE OF ACTION FOR INSPECTION OF KORET FOUNDATION BOOKS AND RECORDS Date Filed: October 7, 2014 Trial Date: April 18, 2016 Judge: Hon. Curtis E.A. Karnow Defendants. THADDEUS N. TAUBE, RICHARD L. GREENE, RICHARD ATKINSON, MICHAEL J. BOSKIN, ANITA FRIEDMAN, ABRAHAM D. SOFAER, and ROBERT FRIEND, in their capacities as Directors of the KORET FOUNDATION, and the KORET FOUNDATION Cross-Complainants, v. SUSAN KORET, individually and as Lifetime Director of The Koret Foundation, Cross-Defendant. JOINT TRIAL PLAN Case No. CGC 14-542069 935556.01 1 Plaintiff and Defendants submit this Joint Trial Plan pursuant to the Court’s March 27, 2 2015 Order granting Plaintiff’s Motion for Separate Trial on her Sixth Cause of Action for 3 inspection of the Koret Foundation’s books and records. 4 5 6 7 Duration of Trial: The parties estimate that trial of the Sixth Cause of Action will likely require no more than three to four 4.25 hour trial days. Trial Date: The parties conditionally propose the following dates for trial of the Sixth Cause of Action: 8 May 18-22, 2015; 9 May 26-29, 2015; and June 4-5, 2015 10 11 The above trial dates are conditional because Susan Harriman, lead trial counsel for 12 Defendants, is scheduled to begin a two-week jury trial on April 27, 2015 in San Mateo County 13 Superior Court. By no later than April 17, 2015, Defendants will advise Plaintiff and the Court 14 whether the April 27, 2015 trial is likely to proceed on a schedule that will enable them to 15 adequately prepare for trial of the Sixth Cause of Action on the above dates. 16 17 In the event that the above dates cannot be accommodated due to the April 27, 2015 trial, the parties have agreed to the following alternative dates: 18 July 27-31, 2015 19 August 3-7, 2015 20 Regardless of which trial dates are selected, the parties agree that consecutive trial days 21 are not necessary and that trial can and should take place over the earliest available three to four 22 non-consecutive days. 23 24 Trial Briefs: The parties have agreed to exchange and file trial briefs no later than seven days before the first day of trial. 25 Percipient Witness Lists: The parties have agreed to exchange lists of the percipient 26 witnesses whom they intend to call in their direct cases, along with time estimates and a brief 27 summary of the anticipated testimony, by no later than May 1, 2015. 28 Expert Witness Disclosures: The parties have agreed to disclose the names and the 1 JOINT TRIAL PLAN Case No. CGC 14-542069 935556.01 1 general subject matter of the testimony of any experts they intend to call as witnesses in their 2 direct cases by no later than May 1, 2015. Any supplemental disclosures shall be served by no 3 later than May 8, 2015. 4 Direct Examination by Declaration: The parties have agreed that direct examinations of 5 witnesses may be introduced by written declaration, rather than live testimony, but that 6 declarations of all witnesses shall not be required. 7 Depositions: The parties have agreed that time spent questioning any witnesses in 8 deposition in preparation for trial of the Sixth Cause of Action shall not count towards the seven 9 hour limit imposed by California Code of Civil Procedure § 2025.290, if applicable, nor shall 10 11 such depositions be a bar to further depositions of the same witness. Fact Stipulations: The parties have agreed to meet and confer prior to trial in an attempt 12 to stipulate to any undisputed facts relevant to trial of the Sixth Cause of Action. Any such 13 stipulations shall be filed with the Court by no later than seven days prior to the first day of trial. 14 Statement of Demands: Plaintiff shall serve on Defendants a written statement of any 15 specific or general demands and refusals on which she bases her Sixth Cause of Action, including 16 the dates on which such demands and refusals were made, by no later than April 17, 2015. To the 17 extent Plaintiff does not intend to rely on any specific or general demands and refusals, her 18 written statement shall so state. 19 20 21 Dated: April 10, 2015 KEKER & VAN NEST LLP By: 22 23 /s/ Susan J. Harriman SUSAN J. HARRIMAN Attorneys for Defendants and CrossComplainants The Koret Foundation; Thaddeus N. Taube; Richard Atkinson; Michael J. Boskin; Anita Friedman; Robert Friend; Richard L. Greene; and Abraham Sofaer 24 25 26 27 28 2 JOINT TRIAL PLAN Case No. CGC 14-542069 935556.01 1 Dated: April 10, 2015 FARELLA, BRAUN & MARTEL, LLP 2 3 By: 4 /s/ Robert H. Bunzel ROBERT H. BUNZEL Attorneys for Defendants and CrossComplainants The Koret Foundation; Thaddeus N. Taube; Richard Atkinson; Michael J. Boskin; Anita Friedman; Robert Friend; Richard L. Greene; and Abraham Sofaer 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT TRIAL PLAN Case No. CGC 14-542069 935556.01