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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
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SAN FRANCISCO
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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
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Plaintiff and Defendants submit this Joint Trial Plan pursuant to the Court’s March 27,
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2015 Order granting Plaintiff’s Motion for Separate Trial on her Sixth Cause of Action for
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inspection of the Koret Foundation’s books and records.
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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:
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May 18-22, 2015;
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May 26-29, 2015; and
June 4-5, 2015
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The above trial dates are conditional because Susan Harriman, lead trial counsel for
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Defendants, is scheduled to begin a two-week jury trial on April 27, 2015 in San Mateo County
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Superior Court. By no later than April 17, 2015, Defendants will advise Plaintiff and the Court
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whether the April 27, 2015 trial is likely to proceed on a schedule that will enable them to
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adequately prepare for trial of the Sixth Cause of Action on the above dates.
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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:
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July 27-31, 2015
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August 3-7, 2015
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Regardless of which trial dates are selected, the parties agree that consecutive trial days
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are not necessary and that trial can and should take place over the earliest available three to four
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non-consecutive days.
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Trial Briefs: The parties have agreed to exchange and file trial briefs no later than seven
days before the first day of trial.
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Percipient Witness Lists: The parties have agreed to exchange lists of the percipient
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witnesses whom they intend to call in their direct cases, along with time estimates and a brief
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summary of the anticipated testimony, by no later than May 1, 2015.
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Expert Witness Disclosures: The parties have agreed to disclose the names and the
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JOINT TRIAL PLAN
Case No. CGC 14-542069
935556.01
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general subject matter of the testimony of any experts they intend to call as witnesses in their
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direct cases by no later than May 1, 2015. Any supplemental disclosures shall be served by no
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later than May 8, 2015.
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Direct Examination by Declaration: The parties have agreed that direct examinations of
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witnesses may be introduced by written declaration, rather than live testimony, but that
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declarations of all witnesses shall not be required.
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Depositions: The parties have agreed that time spent questioning any witnesses in
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deposition in preparation for trial of the Sixth Cause of Action shall not count towards the seven
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hour limit imposed by California Code of Civil Procedure § 2025.290, if applicable, nor shall
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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
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to stipulate to any undisputed facts relevant to trial of the Sixth Cause of Action. Any such
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stipulations shall be filed with the Court by no later than seven days prior to the first day of trial.
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Statement of Demands: Plaintiff shall serve on Defendants a written statement of any
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specific or general demands and refusals on which she bases her Sixth Cause of Action, including
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the dates on which such demands and refusals were made, by no later than April 17, 2015. To the
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extent Plaintiff does not intend to rely on any specific or general demands and refusals, her
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written statement shall so state.
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Dated: April 10, 2015
KEKER & VAN NEST LLP
By:
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/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
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JOINT TRIAL PLAN
Case No. CGC 14-542069
935556.01
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Dated: April 10, 2015
FARELLA, BRAUN & MARTEL, LLP
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By:
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/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
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JOINT TRIAL PLAN
Case No. CGC 14-542069
935556.01