1 KEITH R.

HUMMEL (admitted pro hac vice)

[email protected]
2 JUSTIN C. CLARKE (admitted pro hac vice)
[email protected]
3
JONATHAN MOONEY (admitted pro hac vice)
4 [email protected]
CRAVATH, SWAINE & MOORE LLP
5 825 Eighth Avenue
New York, NY 10019
6 Telephone: (212) 474-1000
7 Facsimile: (212) 474-3700

8 JOE H. TUFFAHA (State Bar No. 253723)

[email protected]
9 PRASHANTH CHENNAKESAVAN (State Bar No. 284022)
[email protected]
10 LTL ATTORNEYS LLP

11 300 S. Grand Avenue

Suite 3950
12 Los Angeles, California 90071
Telephone: (213) 612-8900
13
Specially appearing to challenge jurisdiction and
14 service on behalf of Defendant Yuri Shefler

15 SUPERIOR COURT OF THE STATE OF CALIFORNIA

16 COUNTY OF LOS ANGELES
17 WILLIAM B. PITT, an individual, and Case No. 22STCV06081
MONDO BONGO, LLC, a California
18 DEFENDANT YURI SHEFLER’S EX
limited liability company,
PARTE APPLICATION FOR ORDER
19 TO MODIFY BRIEFING SCHEDULE
Plaintiffs,
IN CONNECTION WITH
20 PLAINTIFFS’ MOTION TO COMPEL
vs. PRODUCTION OF DOCUMENTS IN
21 RESPONSE TO PLAINTIFFS’ FIRST
ANGELINA JOLIE, an individual, and SET OF REQUESTS FOR
22 NOUVEL, LLC, a California limited PRODUCTION TO SHEFLER RE:
liability company, YURI SHEFLER, an PERSONAL JURISDICTION
23 individual, ALEXEY OLIYNIK, an
individual, SPI GROUP HOLDING Chennakesavan Declaration and
24 [Proposed] Order filed concurrently
LIMITED, a Cyprus private limited
25 company, and TENUTE DEL MONDO Judge: Hon. Lia Martin
B.V., a Netherlands private limited Dept.: 16
26 company, Date: September 26, 2023
27 Time: 8:30 AM
Defendants.
28

SHEFLER’S UNOPPOSED EX PARTE APPLICATION FOR ORDER TO MODIFY BRIEFING SCHEDULE IN

CONNECTION WITH PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS
 1 NOUVEL, LLC, a California limited Action Filed: February 17, 2022
liability company, Trial Date: None set.
2
Cross-Complainant,
3 vs.
4 WILLIAM B. PITT, an individual,
MONDO BONGO, LLC, a California
5 limited liability company, MARC-
OLIVIER PERRIN, an individual, SAS
6
MIRAVAL PROVENCE, a French limited
7 liability company, SAS FAMILLES
PERRIN, a French limited liability
8 company, ROLAND VENTURINI, an
individual, GARY BRADBURY, an
9 individual, WARREN GRANT, an
10 individual, SAS PETRICHOR, a French
limited liability company, VINS ET
11 DOMAINES PERRIN SC, a French
company, SAS MIRAVAL STUDIOS, a
12 French limited liability company, SASU
LE DOMAINE, a French limited liability
13 company, SAS DISTILLERIES DE LA
14 RIVIERA, a French limited liability
company, and ROES 1-10.
15
Cross-Defendants.
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SHEFLER’S UNOPPOSED EX PARTE APPLICATION FOR ORDER TO MODIFY BRIEFING SCHEDULE IN
CONNECTION WITH PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS
 1 NOTICE OF EX PARTE APPLICATION

2 PLEASE TAKE NOTICE THAT on September 26, 2023, at 8:30 AM, or as soon

3 thereafter as counsel may be heard, in Department 16 of the above-captioned Court, located at

4 111 North Hill Street, Los Angeles, CA 90012, Defendant Yuri Shefler will and hereby does apply

5 ex parte to this Court for an order to modify the briefing schedule for Plaintiffs’ Motion to Compel

6 Production of Documents in Response to Plaintiffs’ First Set of Requests for Production to

7 Defendant Yuri Shefler Re: Personal Jurisdiction (the “Motion”) to extend the deadline for

8 Plaintiffs to file their reply brief in support of the Motion by one day.

9 This ex parte application is made pursuant to California Rules of Court 3.110 and 3.1200,
10 et seq. on the ground that counsel for Defendant Shefler incorrectly calculated the statutory

11 deadline to file Shefler’s brief in opposition to the motion to compel by one day by inadvertently

12 overlooking that Native American Day had recently become a Court Holiday and filed the brief

13 one day after the statutory deadline. Counsel for Shefler seeks to extend the deadline for Plaintiffs

14 to file their reply brief by one day so that Plaintiffs have the benefit of the statutory period to file

15 their reply brief. There is good cause for the Court to issue the requested order on an ex parte

16 basis because (1) the miscalculation of the briefing schedule was inadvertent, and (2) counsel for

17 Plaintiffs William B. Pitt and Mondo Bongo, LLC do not oppose this application.

18 This ex parte application is based on this notice of ex parte application, the attached
19 memorandum of points and authorities, the declaration of Prashanth Chennakesavan filed

20 concurrently herewith (“Chennakesavan Decl.”), all of the pleadings, files, and records in this

21 proceeding, all other matters of which the Court may take judicial notice, and any argument or

22 evidence that may be presented to or considered by the Court prior to its ruling.

23 IDENTIFICATION OF COUNSEL

24 Per California Rule of Court 3.1202(a), it is Shefler’s understanding that Plaintiffs and

25 Cross-Defendants William B. Pitt and Mondo Bongo, LLC and Cross-Defendants Roland

26 Venturini, Warren Grant, and Gary Bradbury are represented by Jonathan Moses, William Savitt,

27 Sarah Eddy, Adam Goodman, Jessica Allen, and Remy Grosbard of Wachtell, Lipton, Rosen &

28 Katz, 51 West 52nd Street, New York, NY 10019, telephone: 212-403-1000, email:
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SHEFLER’S UNOPPOSED EX PARTE APPLICATION FOR ORDER TO MODIFY BRIEFING SCHEDULE IN
CONNECTION WITH PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS
 1 [email protected], [email protected], [email protected], [email protected],

2 [email protected], [email protected], John Berlinski of Bird, Marella, Boxer, Wolpert,

3 Nessim, Drooks, Lincenberg & Rhow, P.C., 1875 Century Park East, 23rd Floor, Los Angeles, CA

4 90067, telephone: 310-201-2100, email: [email protected], and Laura Brill, Katelyn

5 Kuwata, and Daniel Barlava of Kendall Brill & Kelly LLP, telephone: 310-556-2700, email:

6 [email protected], [email protected], [email protected]. (See Chennakesavan Decl.

7 ¶ 2.)

8 It is Shefler’s understanding that Cross-Defendants Marc-Olivier Perrin, SAS Miraval

9 Provence, and Familles Perrin are represented by S. Gale Dick, Phoebe King, and Randall Bryer
10 of Cohen & Gresser LLP, 800 Third Avenue, New York, NY 10022, telephone: 212-707-7263,

11 email: [email protected], [email protected], [email protected], and

12 Mark Drooks of Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.,

13 1875 Century Park East, 23rd Floor, Los Angeles, CA 90067, telephone: 310-201-2100, email:

14 [email protected]. (See id. ¶ 3.)

15 PRIOR APPLICATIONS FOR SIMILAR RELIEF

16 Pursuant to California Rule of Court 3.1202(b), Shefler states that this is his first ex parte

17 application for an order modifying the briefing schedule for the Motion.

18 NOTICE OF THIS EX PARTE APPLICATION

19 As required by California Rules of Court 3.1203-3.1204, counsel for Shefler gave notice of

20 this ex parte application by email to all counsel of record for parties that have appeared in this

21 action on September 24, 2023, at 9:32 A.M., and/or September 25, 2023, at 7:05 A.M.

22 (Chennakesavan Decl. ¶ 7.) On September 24, 2023, counsel for Plaintiffs William B. Pitt and

23 Mondo Bongo, LLC agreed not to oppose the filing of this ex parte application. (Id. ¶ 5.)

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SHEFLER’S UNOPPOSED EX PARTE APPLICATION FOR ORDER TO MODIFY BRIEFING SCHEDULE IN
CONNECTION WITH PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS
 1 DATED: September 25, 2023 CRAVATH, SWAINE & MOORE LLP
Keith R. Hummel
2 Justin C. Clarke
Jonathan Mooney
3

4 LTL ATTORNEYS LLP

Joe H. Tuffaha
5 Prashanth Chennakesavan
6

7 By: /s/ Prashanth Chennakesavan

8 PRASHANTH CHENNAKESAVAN
Attorneys for Defendant YURI SHEFLER
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SHEFLER’S UNOPPOSED EX PARTE APPLICATION FOR ORDER TO MODIFY BRIEFING SCHEDULE IN
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 1 MEMORANDUM OF POINTS AND AUTHORITIES

2 Shefler applies ex parte to this Court under California Rule of Court 3.110(e) for an order

3 modifying the briefing schedule for Plaintiffs’ Motion to Compel Production of Documents in

4 Response to Plaintiffs’ First Set of Requests for Production to Defendant Yuri Shefler Re:

5 Personal Jurisdiction (the “Motion”).

6 The Motion will be heard on October 4, 2023. Under the California Code of Civil

7 Procedure, Shefler’s brief in opposition to the Motion was due nine court days before the hearing

8 date. Counsel for Shefler has incorrectly calculated the statutory deadline to file Shefler’s brief in

9 opposition to the Motion by one day by inadvertently overlooking that Native American Day,
10 which falls on September 22, 2023, had recently become a Court Holiday. (Chennakesavan Decl.

11 ¶ 4.) Accordingly, counsel for Shefler filed the opposition brief on September 21, 2023, rather

12 than the statutory deadline of September 20, 2023. (Id.) Upon realizing this mistake, counsel for

13 Shefler informed counsel for Plaintiffs William B. Pitt and Mondo Bongo, LLC of this oversight.

14 (Id. ¶ 5.)

15 On September 24, 2023, Counsel for Plaintiffs agreed not to oppose an ex parte application
16 on the part of Shefler to extend Plaintiffs’ deadline to file their reply in further support of the

17 Motion by one day, to September 28, 2023, to provide Plaintiffs the statutory period to file their

18 reply in light of the untimely filing of Shefler’s opposition brief. (Id. ¶ 5.) Counsel for Plaintiffs

19 also agreed not to object to the untimely filing of Shefler’s brief in opposition to the Motion

20 provided that the Court grant this application. (Id.)

21 On September 25, 2023, counsel for Shefler notified counsel for all parties of the filing of
22 this ex parte application. (Id. ¶ 7.) As of the filing of this motion, counsel for Shefler has not

23 received a response other than from Plaintiffs’ counsel, who already agreed not to oppose this ex

24 parte application.

25 Good cause exists for the Court to issue the requested order on an ex parte basis because
26 (1) counsel for Shefler incorrectly calculated the deadline for filing its opposition brief to the

27 Motion by one day by inadvertently overlooking that Native American Day had recently become a

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SHEFLER’S UNOPPOSED EX PARTE APPLICATION FOR ORDER TO MODIFY BRIEFING SCHEDULE IN
CONNECTION WITH PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS
 1 Court Holiday; and (2) counsel for Plaintiffs do not oppose to the filing of this ex parte

2 application. (Id. ¶¶ 4-6.)

3 Accordingly, for the foregoing reasons, Shefler requests that this Court issue an order

4 extending Plaintiffs’ deadline to file Plaintiffs’ reply in further support of the Motion by one day,

5 to September 28, 2023.

7 Dated: September 25, 2023 CRAVATH, SWAINE & MOORE LLP

Keith R. Hummel (admitted pro hac vice)
8 Justin C. Clarke (admitted pro hac vice)
Jonathan Mooney (admitted pro hac vice)
9
10 LTL ATTORNEYS LLP
Joe H. Tuffaha
11 Prashanth Chennakesavan
12

13

14 By: s/ Prashanth Chennakesavan

PRASHANTH CHENNAKESAVAN
15 Attorneys for Defendant YURI SHEFLER
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SHEFLER’S UNOPPOSED EX PARTE APPLICATION FOR ORDER TO MODIFY BRIEFING SCHEDULE IN
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