Escolar Documentos
Profissional Documentos
Cultura Documentos
12 response to the motion is due prior to its responsive pleading in this case, and well in
13 advance of any meaningful review and analysis of the critical issues presented with
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plaintiffs’ motion. For a full and fair hearing, CFMG requires an enlargement of time to
15
brief and hear the issues presented by plaintiffs with their Motion for Preliminary
16
17 Injunction.
18 As set forth more fully in the accompanying declaration of Peter Bertling, to
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properly brief and argue these issues, CFMG’s counsel requires review and analysis of
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the pertinent records and medical records in this case, as well as the review and analysis
21
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of the records by a qualified expert witness. See Declaration of Peter Bertling at ¶6.
23 Moreover, the parties have agreed that a protective order must be entered to produce the
24 relevant medical and other records in this case. As of this filing, the proposed protective
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order is being circulated for comment and review, but no document production can occur
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27 3:18-cv-00050-JD
28 -2-
DEFENDANT CALIFORNIA FORENSIC MEDICAL GROUP, INC.’S MOTION
TO ENLARGE TIME FOR HEARING AND BRIEFING ON PLAINTIFFS’
MOTION FOR PRELIMINARY INJUNCTION [N.D. Local Rules 6-3]
Case 3:18-cv-00050-JD Document 27 Filed 02/13/18 Page 3 of 4
1 until the order is entered. Therefore, having just been served with this matter on
2 February 2, 2018, and given the constraints with the protective order and the need for
3
review and expert review, preparing and filing an opposition within the requisite time
4
frame contemplated by the Federal Rules of Civil Procedure and this Court’s local rules
5
6 is not possible. Declaration of Peter Bertling at ¶¶3-7.
7 As evidenced by the thread of emails attached to the accompanying declaration of
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Peter Bertling, Defendant has been earnestly engaging in investigation and procedure to
9
expeditiously evaluate this matter, but the current motion schedule will not permit
10
11 CFMG to fairly evaluate the claims made by the motion and submit opposition.
12 II. Timing
13 No trial date is set in this matter. Indeed, CFMG has not yet formally appeared in
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this case. As such, permitting Defendant a continuance on the briefing and hearing for
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the motion for preliminary injunction should have no impact on this litigation or the
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17 Court.
18 III. Prejudice
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Defendant will suffer substantial prejudice if the motion to enlarge time is not
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granted. Defendant should be allowed adequate time to oppose the motion for
21
22
preliminary injunction and address what are very serious allegations and requests for
23 relief that upon initial glance are well above the normal standard of care. Additionally,
24 Plaintiffs’ counsel does not have the benefit of the relevant information which must be
25
presented for a fair hearing on this Motion. Therefore, it is imperative that an
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27 3:18-cv-00050-JD
28 -3-
DEFENDANT CALIFORNIA FORENSIC MEDICAL GROUP, INC.’S MOTION
TO ENLARGE TIME FOR HEARING AND BRIEFING ON PLAINTIFFS’
MOTION FOR PRELIMINARY INJUNCTION [N.D. Local Rules 6-3]
Case 3:18-cv-00050-JD Document 27 Filed 02/13/18 Page 4 of 4
1 enlargement of time be granted such that plaintiffs as well as this Court attain a full
2 breadth review of the serious allegations set forth in the motion.
3
IV. Meet and Confer Process with Plaintiffs
4
A meet and confer process has taken place with Plaintiffs’ counsel. See Declaration
5
6 of Peter Bertling at ¶¶1 to 7 and Exhibits A to D of the Declaration.
7 V. Plaintiffs’ Position
8
Plaintiffs’ counsel has agreed that CFMG’s request should be routinely granted, but
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plaintiffs’ counsel was concerned about the urgency of issues set forth in the preliminary
10
11 injunction. See Declaration of Peter Bertling at Exhibit B. Plaintiffs’ counsel and
12 defense counsel have been unable to reach an accord on the appropriate briefing and
13 hearing schedule for this motion. CFMG contends having the motion hearing on March
14
8, 2018 with an opposition due date of February 21, 2018 would not allow CFMG’s
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counsel sufficient time to respond to these very serious allegations.
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17 Dated: February 13, 2018 Bertling Law Group, Inc.
18
19 /s/ Peter G. Bertling
Peter G. Bertling
20
Jemma Parker Saunders
21 Attorneys for Defendant
22
CALIFORNIA FORENSIC MEDICAL
GROUP, INC.
23
24
25
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27 3:18-cv-00050-JD
28 -4-
DEFENDANT CALIFORNIA FORENSIC MEDICAL GROUP, INC.’S MOTION
TO ENLARGE TIME FOR HEARING AND BRIEFING ON PLAINTIFFS’
MOTION FOR PRELIMINARY INJUNCTION [N.D. Local Rules 6-3]
Case 3:18-cv-00050-JD Document 27-1 Filed 02/13/18 Page 1 of 32
1 9. During the call, Ms. Huang indicated she wanted to receive and review
2 pertinent medical records prior to determining whether she could stipulate to
3 an enlargement of time to brief and hear the Motion for Preliminary
4 Injunction. During the call, all parties agreed a protective order must be
5 entered prior to production of the records. As of the filing of this
6 Administrative Motion, that protective order is currently being circulated for
7 comment and revisions. Attached hereto as Exhibit D is a true and correct
8 copy of the email to all counsel with the proposed protective order sent on
9 February 7, 2018.
10 10. Given these issues, at this time, the current motion hearing schedule
11 would not allow Defense counsel sufficient time to adequately and fairly
12 respond to these very serious allegations and provide the Court with relevant
13 opposing information up which to base these important decisions.
14
15 I declare under penalty of perjury under the laws of the State of California and the
16 United States that the foregoing is true and correct. Executed this 13th day of February,
17 2018, at Santa Barbara, California.
18
19 /s/ Peter G. Bertling______________
Peter G. Bertling
20
Declarant
21 Peter@bertlinglawgroup.com
22
23
24
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27 3:18-cv-00050-JD
28 -4-
DECLARATION OF PETER G. BERTLING IN SUPPORT OF DEFENDANT
CFMG’S MOTION TO ENLARGE TIME FOR HEARING AND BRIEFING ON
PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
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1 This Court, having considered all of the moving and opposition documents which
2 have been filed, and good cause appearing therefore and pursuant to Northern District
3
Local Rule 6-3:
4
IT IS HEREBY ORDERED that:
5
6 Defendant California Forensic Medical Group, Inc.’s motion to enlarge time for
7 briefing and hearing on Plaintiffs’ Motion for Preliminary Injunction is GRANTED. The
8
new hearing date for Plaintiffs’ Motion for Preliminary Injunction is ________________,
9
at 10:00 a.m. in Department ____ of the above-captioned Court.
10
11 IT IS FURTHER ORDERED that the briefs submitted in opposition to Plaintiffs’
12 Motion for Preliminary Injunction be filed and served no later than ______________ and
13 any replies thereto be filed and served no later than __________________.
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15
DATED: __________________ ___________________________________
16
Honorable James Donato
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27 3:18-cv-00050-JD
-2-
28
[PROPOSED] ORDER GRANTING DEFENDANT CALIFORNIA FORENSIC
MEDICAL GROUP, INC.’S MOTION TO ENLARGE TIME FOR HEARING
AND BRIEFING ON PLAINTIFFS’ MOTION FOR PRELIMINARY
INJUNCTION
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