Electronically FILED by Superior Court of California, County of Los Angeles on 03/30/2021 09:40 PM Sherri R.

Carter, Executive Officer/Clerk of Court, by M. Mariscal,Deputy Clerk

1 KINSELLA WEITZMAN ISER KUMP LLP

Howard Weitzman (SBN 38723)
2 hweitzman@kwikalaw.com
Jonathan P. Steinsapir (SBN 226281)
3 jsteinsapir@kwikalaw.com
Aaron Liskin (SBN 264268)
4 aliskin@kwikalaw.com
Katherine T. Kleindienst (SBN 274423)
5 kkleindeinst@kwikalaw.com
808 Wilshire Boulevard, 3rd Floor
6 Santa Monica, California 90401
Telephone: 310.566.9800
7 Facsimile: 310.566.9850

8 Attorneys for Defendants

MJJ Productions, Inc. and MJJ Ventures, Inc.
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 COUNTY OF LOS ANGELES

808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

12

13 WADE ROBSON, an individual, Case No. BC 508502

[Related to Case No. BP117321 and Case No.
14 BC545264]
Plaintiff
15 Assigned to the Hon. Mark A. Young,
Department M (Santa Monica)
16
MJJ PRODUCTIONS, INC., a California DEFENDANTS’ UNOPPOSED EX PARTE
17 corporation; MJJ VENTURES, INC., a APPLICATION TO CONTINUE TRIAL
California corporation; and DOES 4-50, DATE BY 60 DAYS; AND
18 inclusive, DECLARATION OF KATHERINE T.
KLEINDIENST IN SUPPORT THEREOF
19 Defendants.
[Proposed Order Submitted Concurrently
20 Herewith]

21 Date: April 2, 2021

Time: 9:00 a.m.
22 Dept.: M

23 Action Filed: May 10, 2013

Trial Date: June 14, 2021
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE

 1 TO THE COURT AND TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

2 PLEASE TAKE NOTICE that on April 2, 2021 at 9:00 a.m. in Department M of the

3 above-captioned Court, Defendants MJJ Productions, Inc. and MJJ Ventures, Inc. (“Defendants”)

4 hereby apply ex parte for an order continuing the June 14, 2021 jury trial for approximately sixty

5 (60) days, with all discovery cut-off dates and deadlines to be associated with the new trial date.

6 Plaintiff does not oppose this application and joins in the request.

7 Good cause exists for the Court to continue the trial date. As described in more detail

8 below, the parties previously agreed, and the Court ordered, that Defendants’ summary judgment

9 hearing be advanced from May 4, 2021 to February 24, 2021 in order to allow the parties to know
10 what claims remained in the case sufficiently in advance of trial to tailor discovery, prepare for
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 trial, and coordinate with out-of-state witnesses. After the motion was fully briefed, and just days
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

12 before the summary judgment hearing, the parties stipulated, and the Court ordered, that the

13 hearing be continued April 20, 2021 because the attorney arguing the motion for Defendants was

14 unavailable to appear due to a death in his immediate family.

15 Once Plaintiff and his counsel learned that the summary judgment hearing would be

16 delayed by almost two months, they conditioned their agreement to continue the summary

17 judgment hearing on Defendants’ commitment that the parties would work to jointly seek to

18 continue the trial date as well, in order to give the parties the benefit of the ruling on Defendants’
19 motion with sufficient lead time before the trial. Declaration of Katherine T. Kleindienst

20 (“Kleindienst Decl.”) Ex. 2.

21 This application is made on the grounds stated herein, in the attached brief Memorandum

22 of Points and Authorities, and the attached Kleindienst Declaration.

23 IDENTIFICATION OF PLAINTIFF’S COUNSEL: Plaintiff Wade Robson is

24 represented by John C. Manly, Vince W. Finaldi, Alex Cunny, and other attorneys at the law firm

25 of Manly, Stewart & Finaldi, 19100 Von Karman Ave., Suite 800 Irvine, CA 92612, Telephone:

26 (949) 252-9990, See Cal. R. Ct. 3.1202(a).

27 NO PRIOR APPLICATION FOR SIMILAR RELIEF: No party has made a prior

28 application for the relief sought by this ex parte application (see Cal. R. Ct. 3.1202(b)); however,

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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE
 1 on March 1, 2021, the parties submitted a joint stipulation seeking this relief. Kleindienst Decl. ¶

2 14. Defendants understand that the stipulation was denied. Ibid.

3 NOTICE OF THIS EX PARTE APPLICATION: Proper notice of this ex parte

4 application as required by California Rule of Court 3.1203-3.1204 was given to Plaintiff in an

5 email to his counsel, Vince Finaldi and Alex Cunny, on March 29, 2021 at approximately 5:00

6 p.m. Kleindienst Decl. ¶ 2, Ex. 1.

7 WHETHER APPLICATION IS OPPOSED: Plaintiff does not oppose the relief

8 requested, but rather joins in the request. See Kleindienst Decl. Ex. 1. In fact, Plaintiff’s agreement

9 to move the date of the hearing on Defendants’ motion for summary judgment was based, in part,
10 on the parties’ agreement to work together to continue the trial date. Kleindienst Decl. ¶¶ 10-12,
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 Ex. 2.
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

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13 DATED: March 30, 2021 Respectfully Submitted:

14 KINSELLA WEITZMAN ISER KUMP LLP

15

16 By: /s/ Katherine T. Kleindienst

Katherine T. Kleindienst
17 Attorneys for MJJ Productions, Inc.
and MJJ Ventures, Inc.
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE
 1 MEMORANDUM OF POINTS AND AUTHORITIES

2 Defendants MJJ Productions, Inc. and MJJ Ventures, Inc. (“Defendants”) hereby apply ex

3 parte for an order continuing the trial date by approximately sixty (60) days, or as soon thereafter

4 as the Court’s schedule will allow. Good cause exists to continue the trial date.

5 On December 7, 2020, Defendants filed a motion for summary judgment, or in the

6 alternative, summary adjudication. Kleindienst Decl. ¶ 3. Defendants originally reserved a hearing

7 date of May 4, 2021, but on December 4, 2020, Defendants moved ex parte to advance the hearing

8 date to February 24, 2020. Kleindienst Decl. ¶ 4.

9 In the unopposed December 4 ex parte application, Defendants explained that this Court
10 had previously sustained a demurrer without leave to amend in the related Safechuck proceedings
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 (Case No. BC 545264) on or around October 20, 2020. The complaints in this case and the
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

12 Safechuck case are extremely similar. Although there are some differences, Defendants do not

13 believe they are material for the issues on which the Court sustained the Safechuck demurrer, and

14 even if there were some material differences, they would not apply to all causes of action.

15 Kleindienst Decl. ¶ 5.

16 Defendants further explained that given the age of this case and the time period of the

17 allegations, there have been challenges to both parties in gathering and marshalling evidence and,

18 given the passage of time, many witnesses for both parties are outside of the Court’s subpoena
19 jurisdiction. Thus, depositions have been taken in this case in Texas, Tennessee, Maryland,

20 Nevada, Hawaii and all over California. Kleindienst Decl. ¶ 6. Because of that, the parties will

21 need time to obtain commitments from these parties to travel to testify for trial or to potentially

22 take follow-up depositions (some of these depositions are also not completed) to obtain testimony

23 for trial. That may lead to disputes about whether such depositions can be reopened and for what

24 purposes. Ibid. This case will also likely involve expensive expert discovery for both sides. It is

25 possible, if not likely, that the parties will have significant disputes over what types of expert

26 testimony are appropriate, and also as to what evidence generally will be admissible at trial. Ibid.

27 Accordingly, the parties will likely be required to expend significant amounts of time and money

28 on further fact and expert discovery, and potentially motion practice with respect to that discovery,

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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE
 1 that may turn out to be unnecessary. For these reasons, it makes sense for everyone to know both

2 whether this case will be tried several months in advance of trial and, if so, which causes of action

3 will be tried.

4 The Court granted Defendants’ December 4, 2020 ex parte application and advanced the

5 summary judgment hearing to February 24, 2021. Kleindienst Decl. ¶ 7. Plaintiff filed opposition

6 papers to Defendants’ summary judgment motion on February 10, 2021, and Defendants filed

7 their reply on February 19, 2021. Kleindienst Decl. ¶ 3.

8 However, on Friday, February 19, 2021, Defendants’ counsel reached out to counsel for

9 Plaintiff and asked whether Plaintiff would stipulate to continuing the hearing date on Defendants’
10 motion for summary judgment because the attorney arguing the motion for Defendants was
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 unavailable on February 24, 2021 due to a death in his immediate family. Kleindienst Decl. ¶ 8. In
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

12 light of the tragic circumstances, Plaintiff and his counsel agreed. Ibid. Defendants’ counsel

13 contacted Department M that afternoon and was advised that the next available hearing date was

14 April 20, 2021. Kleindienst Decl. ¶ 9. On Monday, February 22, 2021, the parties filed a joint

15 stipulation seeking to reschedule Defendants’ summary judgment hearing. Kleindienst Decl. ¶ 13.

16 That same day, the Court signed the order, continuing the hearing to April 20, 2021 at 8:30 a.m.

17 Ibid.

18 Because the continuance was longer than the parties had originally anticipated, the parties
19 agreed that the trial date should be continued as well. Kleindienst Decl. Ex. 2. Indeed, Plaintiff

20 agreed to the continuance of the summary judgment hearing based, in part, on Defendants’

21 representation that they would work with Plaintiff to move the trial date. Ibid. As Plaintiff’s

22 counsel explained in his email, moving the trial date is important to give the parties “the benefit of

23 the ruling on [Defendants’ motion for summary judgment] with sufficient lead time before the

24 trial.” Ibid.

25 In other words, the same reasons that this Court previously found justified advancing the

26 hearing on Defendants’ motion for summary judgment apply here. If the current trial date holds,

27 the parties will likely be required to expend significant amounts of time and money on further fact

28 and expert discovery, and potentially motion practice with respect to that discovery, which may

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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE
 1 turn out to be unnecessary. It will therefore promote the interests of both Plaintiff and Defendants,

2 and the interests of judicial economy, for everyone to know several months in advance of trial

3 both whether this case will be tried and, if so, which causes of action will be tried.

4 For all these reasons, Defendants respectfully request—and Plaintiffs do not oppose (and

5 join in the request)—that the trial date in this action, which is currently scheduled for June 14,

6 2021, be continued to August 16, 2021, or as soon thereafter as the Court’s schedule will allow.

8 DATED: March 30, 2021 Respectfully Submitted:

9 KINSELLA WEITZMAN ISER KUMP LLP

10
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 By: /s/ Katherine T. Kleindienst

808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

Katherine T. Kleindienst
12 Attorneys for Defendants
MJJ Productions, Inc. and MJJ Ventures, Inc.
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE
 1 DECLARATION OF KATHERINE T. KLEINDIENST

2 I, Katherine T. Kleindienst, declare as follows:

3 1. I am a member in good standing of the State Bar of California and I am a partner

4 with Kinsella Weitzman Iser Kump LLP, attorneys of record for Defendants MJJ Productions, Inc.

5 and MJJ Ventures, Inc. If called as a witness, I could and would competently testify to all the

6 following facts under oath.

7 2. On March 29, 2021, I emailed Plaintiff’s counsel Vince Finaldi and Alex Cunny

8 and advised them that Defendants would be appearing ex parte at 9:00 a.m. in Department M of

9 this Court on April 2, 2021 and requesting that the Court continue the trial date by approximately
10 sixty (60) days. Mr. Cunny responded confirming that Plaintiffs will appear for the ex parte on
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 April 2, do not oppose the ex parte, and will join in the request. A true and correct copy of our
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

12 email chain dated March 29, 2021 is attached hereto as Exhibit 1.

13 3. Defendants filed a motion for summary judgment, or summary adjudication, on

14 December 7, 2020 (the “Motion”). Plaintiff opposed on February 10, 2021, and Defendants filed a

15 reply on February 19, 2021. As a result, the Motion is fully briefed.

16 4. Defendants originally reserved a hearing date of May 4, 2021 for the Motion, but

17 Defendants filed an unopposed ex parte application, which came before the Court on December 4,

18 2020, seeking to advance the hearing.

19 5. As Defendants explained in connection with the December 4 ex parte application,

20 this Court sustained a demurrer without leave to amend in the related Safechuck proceedings (Case

21 No. BC 545264) on or around October 20, 2020. The complaints in this case and the Safechuck

22 case are extremely similar. Although there are some differences, Defendants do not believe they

23 are material for the issues on which the Court sustained the Safechuck demurrer, and even if there

24 were some material differences, they would not apply to all causes of action.

25 6. Defendants further explained that depositions have been taken in this case in Texas,

26 Tennessee, Maryland, Nevada, Hawaii and all over California. Because these witnesses are largely

27 beyond the subpoena power of this Court, the parties will need time to obtain commitments from

28 these parties to travel to testify for trial or to potentially take follow-up depositions (some of these

7
UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE
 1 depositions are also not completed) to address matters for trial. That may lead to disputes about

2 whether such depositions can be reopened and for what purposes. This case will also likely

3 involve expensive expert discovery for both sides. It is possible, if not likely, that the parties will

4 have significant disputes over what types of expert testimony are appropriate, and also as to what

5 evidence generally will be admissible at trial.

6 7. On December 4, 2020, the Court granted Defendants’ unopposed ex parte and

7 advanced the hearing on Defendants’ summary judgment Motion to February 24, 2021.

8 8. On February 19, 2021, less than a week before the Motion was scheduled to be

9 heard, Howard Weitzman and I called Plaintiff’s counsel, Vince Finaldi, and explained that
10 Jonathan Steinsapir, the attorney who was arguing the Motion on Defendants’ behalf, was
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 unavailable on the scheduled hearing date due to a death in his immediate family. In light of the
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

12 circumstances, Plaintiff and his counsel agreed to stipulate to a brief continuance of the hearing.

13 9. After speaking with Mr. Finaldi, on February 19, 2021, I called Department M to

14 explain that the parties were going to request that the hearing on Defendants’ Motion be

15 continued, and the reason for doing so. I was informed that the first available date for the hearing

16 was April 20, 2021, and was asked to confirm Plaintiff’s availability on that date.

17 10. I emailed Mr. Finaldi that afternoon to confirm his firm’s availability for the April

18 20, 2021 hearing. Mr. Finaldi agreed to the April 20, 2021 date, but suggested that the parties seek
19 to push the trial since the continuance of the hearing on Defendants’ Motion was longer than the

20 parties had anticipated.

21 11. On Monday, February 22, 2021, I emailed a draft stipulation to reschedule the

22 hearing on Defendants’ Motion to Mr. Finaldi. Mr. Finaldi responded, “although I am happy to

23 agree to move the MSJ hearing date to whatever works with your schedules, we will also need to

24 move the trial date at least the same amount, so we can have the benefit of the ruling on the MSJ

25 with sufficient lead time before the trial.” Mr. Finaldi asked that the stipulation to continue the

26 trial date be included in the stipulation to reschedule the hearing on Defendants’ Motion.

27 12. In response, I assured Mr. Finaldi that Defendants have no objection to moving the

28 trial date and that we were happy to work on a second stipulation to that end. However, because

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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE
 1 the hearing on Defendants’ Motion was scheduled to take place less than forty-eight hours later,

2 and we had already cleared the new hearing date with the Court, I suggested that the parties limit

3 the first stipulation to addressing the fast-approaching hearing date. Based on my representation

4 that the parties would work to move the trial date, and “given the urgency at issue,” Mr. Finaldi

5 agreed. A true and correct copy of my correspondence with Mr. Finaldi on February 19 and 22,

6 2021, is attached hereto as Exhibit 2.

7 13. On February 22, 2021, Defendants filed the parties’ stipulation to reschedule the

8 hearing on Defendants’ Motion. The Court granted the request and rescheduled hearing to April

9 20, 2021 at 8:30 a.m.

10 14. On March 1, 2021, the parties filed a joint stipulation seeking to continue the trial
KINSELLA WEITZMAN ISER KUMP LLP

TEL 310.566.9800 • FAX 310.566.9850

11 date to August 16, 2021, or as soon thereafter as the Court’s schedule would allow. Defendants
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

12 recently contacted the Department M to check on the status of the stipulation and learned that it

13 had been denied.

14 I declare under penalty of perjury under the laws of the State of California that the

15 foregoing is true and correct.

16 Executed on March 30, 2021, at Los Angeles, California.

17

18 /s/ Katherine T. Kleindienst

Katherine T. Kleindienst
19
10386-00226/730954 730954 716300

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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE
EXHIBIT 1
From: Alex Cunny <acunny@manlystewart.com>
Sent: Monday, March 29, 2021 5:07 PM
To: Katherine T. Kleindienst; Vince Finaldi
Cc: John Manly; Howard L. Weitzman; Jonathan Steinsapir; Aaron C. Liskin; Suann C.
MacIsaac
Subject: RE: Robson v. MJJ Productions et al.; Case No. BC508502

**CAUTION: This email originated from outside of the organization.**

Katherine-

Yes, as discussed previously, we are amenable to the short trial continuance (and associated cut-offs and deadlines
continued with the new trial date) mentioned below, in light of recent continuance of the MSJ hearing. We will appear,
have no opposition, and will join the request for the 60-day continuance.

Thank you,

Alex E. Cunny, Esq.

Attorney
MANLY, STEWART & FINALDI
19100 Von Karman Ave.
Suite 800
Irvine, CA 92612
P (949) 252-9990
F (949) 252-9991
acunny@manlystewart.com

THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS PROTECTED BY THE ATTORNEY-CLIENT AND/OR THE ATTORNEY-WORK PRODUCT
PRIVILEGES. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL NAMED ABOVE AND THE PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS
HAVING BEEN SENT BY E-MAIL. IF THE PERSON ACTUALLY RECEIVING THIS E-MAIL OR ANY OTHER READER OF THE E-MAIL IS NOT THE NAMED
RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE NAMED RECIPIENT, ANY USE, DISSEMINATION, DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.

From: Katherine T. Kleindienst <KKleindienst@kwikalaw.com>

Sent: Monday, March 29, 2021 5:02 PM
To: Vince Finaldi <vfinaldi@manlystewart.com>; Alex Cunny <acunny@manlystewart.com>
Cc: John Manly <jmanly@manlystewart.com>; Howard L. Weitzman <HWeitzman@kwikalaw.com>; Jonathan Steinsapir
<JSteinsapir@kwikalaw.com>; Aaron C. Liskin <ALiskin@kwikalaw.com>; Suann C. MacIsaac
<SMacIsaac@kwikalaw.com>
Subject: Robson v. MJJ Productions et al.; Case No. BC508502

Vince and Alex:

As discussed, Defendants will be appearing ex parte on Friday, April 2, 2021, at 9:00 a.m. in Department M of the
Superior Court, and asking the Court to continue the trial date, which is currently set for June 14, 2021, for
approximately sixty (60) days, with all discovery cut-off dates and deadlines to be associated with the new trial date.

1
Defendants make this request due to the continuance of the hearing on Defendants’ motion for summary judgment
from February 24, 2021 to April 20, 2021. We believe (and we understand that you agree) that it is in everyone’s
interest, and in the interest of judicial economy, to have the benefit of the Court’s ruling on Defendants’ motion with
sufficient lead time before trial.

Based on our prior discussions and correspondence, we understand that Plaintiff will not oppose our ex parte – and joins
in this request – but please confirm.

As you know, Department M is located in the Santa Monica Courthouse, 1725 Main Street, Santa Monica, CA 90401.
That said, we understand that the Court is permitting remote appearances for ex parte matters because of the COVID-19
pandemic.

Best,
Kat

Katherine T. Kleindienst
Kinsella Weitzman Iser Kump LLP
808 Wilshire Boulevard, Third Floor
Santa Monica, California 90401
Direct Dial: 310.566.9841 | Direct Fax: 310.566.9887
Email: kkleindienst@kwikalaw.com

2
EXHIBIT 2
From: Vince Finaldi <vfinaldi@manlystewart.com>
Sent: Monday, February 22, 2021 11:25 AM
To: Katherine T. Kleindienst
Cc: Alex Cunny; Howard L. Weitzman
Subject: RE: Robson v. MJJ Productions, Inc. et al.

Sure, with your representation that we will work to move the trial date, given the urgency at issue, you can go ahead
and sign the stipulation “/S/” for me. Thank you and I look forward to seeing the draft trial date stip. Thanks, sorry in a
Zoom deposition.

Vince William Finaldi, Esq.

MANLY, STEWART & FINALDI
19100 Von Karman Avenue, Suite 800
Irvine, California 92612
Phone: (949) 252-9990
Direct: (949) 943-8423
Fax: (949) 252-9991
vfinaldi@manlystewart.com

THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS PROTECTED BY THE ATTORNEY-CLIENT AND/OR THE ATTORNEY-WORK PRODUCT
PRIVILEGES. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL NAMED ABOVE AND THE PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS
HAVING BEEN SENT BY E-MAIL. IF THE PERSON ACTUALLY RECEIVING THIS E-MAIL OR ANY OTHER READER OF THE E-MAIL IS NOT THE NAMED
RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE NAMED RECIPIENT, ANY USE, DISSEMINATION, DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.

From: Katherine T. Kleindienst <KKleindienst@kwikalaw.com>

Sent: Monday, February 22, 2021 11:08 AM
To: Vince Finaldi <vfinaldi@manlystewart.com>
Cc: Alex Cunny <acunny@manlystewart.com>; Howard L. Weitzman <HWeitzman@kwikalaw.com>
Subject: RE: Robson v. MJJ Productions, Inc. et al.

Hi Vince,

Thank you for getting back to me so quickly.

We certainly have no objection to moving the trial date, but the MSJ hearing date is in less than 48 hours, and we have
already cleared the new hearing date with the Court, so we wanted to get a simple stipulation on file with the Court as
soon as possible.

We have not yet figured out everyone’s availability or cleared new trial dates with the Court, so adding that to this
stipulation makes it more complicated. We are happy to work on a second stipulation to move the trial date.

Hopefully that makes sense, but happy to jump on a call if you’d like to discuss.

Thanks,
Kat

1
Katherine T. Kleindienst
Kinsella Weitzman Iser Kump LLP
808 Wilshire Boulevard, Third Floor
Santa Monica, California 90401
Direct Dial: 310.566.9841 | Direct Fax: 310.566.9887
Email: kkleindienst@kwikalaw.com

From: Vince Finaldi <vfinaldi@manlystewart.com>

Sent: Monday, February 22, 2021 10:41 AM
To: Katherine T. Kleindienst <KKleindienst@kwikalaw.com>
Cc: Alex Cunny <acunny@manlystewart.com>; Howard L. Weitzman <HWeitzman@kwikalaw.com>
Subject: RE: Robson v. MJJ Productions, Inc. et al.

Katherine,

As I stated in my last email, although I am happy to agree to move the MSJ hearing date to whatever works with your
schedules, we will also need to move the trial date at least the same amount, so we can have the benefit of the ruling on
the MSJ with sufficient lead time before the trial. If you please include this in the stipulation as well, I will sign.

Thank you,

Vince William Finaldi, Esq.

MANLY, STEWART & FINALDI
19100 Von Karman Avenue, Suite 800
Irvine, California 92612
Phone: (949) 252-9990
Direct: (949) 943-8423
Fax: (949) 252-9991
vfinaldi@manlystewart.com

THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS PROTECTED BY THE ATTORNEY-CLIENT AND/OR THE ATTORNEY-WORK PRODUCT
PRIVILEGES. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL NAMED ABOVE AND THE PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS
HAVING BEEN SENT BY E-MAIL. IF THE PERSON ACTUALLY RECEIVING THIS E-MAIL OR ANY OTHER READER OF THE E-MAIL IS NOT THE NAMED
RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE NAMED RECIPIENT, ANY USE, DISSEMINATION, DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.

From: Katherine T. Kleindienst <KKleindienst@kwikalaw.com>

Sent: Monday, February 22, 2021 10:17 AM
To: Vince Finaldi <vfinaldi@manlystewart.com>
Cc: Alex Cunny <acunny@manlystewart.com>; Howard L. Weitzman <HWeitzman@kwikalaw.com>
Subject: RE: Robson v. MJJ Productions, Inc. et al.

Thanks, Vince. I spoke to the clerk again this morning to confirm the date. Attached please find a draft stipulation for
your review and signature.

Best,
Kat

Katherine T. Kleindienst
Kinsella Weitzman Iser Kump LLP
2
808 Wilshire Boulevard, Third Floor
Santa Monica, California 90401
Direct Dial: 310.566.9841 | Direct Fax: 310.566.9887
Email: kkleindienst@kwikalaw.com

From: Vince Finaldi <vfinaldi@manlystewart.com>

Sent: Friday, February 19, 2021 4:51 PM
To: Katherine T. Kleindienst <KKleindienst@kwikalaw.com>
Cc: Alex Cunny <acunny@manlystewart.com>; Howard L. Weitzman <HWeitzman@kwikalaw.com>
Subject: Re: Robson v. MJJ Productions, Inc. et al.

**CAUTION: This email originated from outside of the organization.**

That’s fine. We should also push out the trial date a bit as well, since this is a little longer than we expected.

Vince William Finaldi, Esq.

MANLY, STEWART & FINALDI
19100 Von Karman Ave. Ste. 800
Irvine, CA 92612
P (949) 252-9990
F (949) 252-9991
vfinaldi@manlystewart.com

On Feb 19, 2021, at 4:46 PM, Katherine T. Kleindienst <KKleindienst@kwikalaw.com> wrote:

Vince,

Thank you for getting back to us so quickly and agreeing to push out the hearing date for our summary
judgment motion in the Robson case.

As discussed, we called the clerk to find out the best way to move this date on short notice. The clerk
indicated that the first available date is April 20. Please confirm that April 20 works on your end. The
clerk asked that we call back and let her know as soon as possible.

We will also prepare a brief stipulation, but since we have already spoken to the clerk, we should be
able to keep it very simple.

Howard and Kat

Katherine T. Kleindienst
Kinsella Weitzman Iser Kump LLP
808 Wilshire Boulevard, Third Floor
Santa Monica, California 90401
Direct Dial: 310.566.9841 | Direct Fax: 310.566.9887
Email: kkleindienst@kwikalaw.com

3
 1 PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

3 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Los Angeles, State of California. My business address is 808 Wilshire
4 Boulevard, 3rd Floor, Santa Monica, CA 90401.

5 On March 30, 2021, I served true copies of the following document(s) described as
DEFENDANTS’ UNOPPOSED EX PARTE APPLICATION on the interested parties in this
6 action as follows:

7
John C. Manly Attorneys for Plaintiff Wade Robson
8 Vince W. Finaldi
Alex E. Cunny Phone: 949-252-9990
9 Manly, Stewart & Finaldi Fax: 949-252-9991
19100 Von Karman Ave., Suite 800 Email: vfinaldi@manlystewart.com
10 Irvine, CA 92612 jmanly@manlystewart.com
KINSELLA WEITZMAN ISER KUMP LLP

acunny@manleystewart.com
TEL 310.566.9800 • FAX 310.566.9850

11 kfrederiksen@manlystewart.com
808 WILSHIRE BOULEVARD, 3RD FLOOR
SANTA MONICA, CALIFORNIA 90401

12  BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the

persons at the addresses listed above and placed the envelope for collection and mailing, following
13 our ordinary business practices. I am readily familiar with Kinsella Weitzman Iser Kump LLP's
practice for collecting and processing correspondence for mailing. On the same day that the
14 correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
15
 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s)
16 to be sent from e-mail address mlaw@kwikalaw.com to the persons at the e-mail addresses listed
above. I did not receive, within a reasonable time after the transmission, any electronic message
17 or other indication that the transmission was unsuccessful.

18  BY OVERNIGHT DELIVERY: I caused said document(s) to be enclosed in an envelope

or package provided by the overnight service carrier and addressed to the persons at the addresses
19 listed above or on the attached Service List. I caused the envelope or package to be placed for
collection and overnight delivery at an office or a regularly utilized drop box of the overnight
20 service carrier or delivered such document(s) to a courier or driver authorized by the overnight
service carrier to receive documents.
21
I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct. Executed on March 30, 2021, at Los Angeles, California.

23

24 /s/ Michelle Law

25 Michelle Law

26

27

28

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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL DATE