Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 1 of 11 Page ID #:807
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`ShaheryarKhan
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`2219 Olive street
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`Burbank Ca 91506
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`Plaintiff In proper
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`U.S.
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`• ~~ ;
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`OF
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`U NITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`SHAHERYAR KHAN
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`CASE NUMBER 2:22-CV-02333 11/I ~c/~~
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`PLAINTIFF,
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`ADAM KRAEMER ET AL
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`DEFENDANTS,
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`PLAINTIFFS Notice of Motion and motion to
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`to set aside the courts order denial of order
`3/18/24 denying plainitffs extension to file the
`first amended complaint
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`J UDGE: Maame Ewusi Mensah Frimpong
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`DATE: August 29th 2024
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`Time 10 AM
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`CRTRM: 8 A 8TH FLOOR
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`ACTION FILED: APRIL 7TH 2022
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`1
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`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 2 of 11 Page ID #:808
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`To the Honorable Court and to all parties Please take notice that on August 29th 2024 at 10 AM
`or soon there after as this matter may be heard in the above titled court located at 250 w 1st
`street los angeles ca 90012 courtroom 8A plaintiff seeks the court grant an order issued on
`3/18/24 to reconsider /set aside order denying plaintiff extension to file First amedned
`complaint .
`
`Plaintiff Respectfully files this motion based upon irreprable harm and prejudice plaintiff will
`suffer if not granted. Plaintiff respectfully supplys these new facts and new information
`unavailable at the time due to plaintiffs due to illness at the time and plaintiffs own incapcity
`and in avaiability of facts at the time prior to this motion beling filed
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`Plaintiff will file documetns to support this claim including points and authoity ,declarations ,
`oral testimony and expert witmess testimony as may be allowed at the hearing of this motion
`a nd wishes the court to leave to amend additional supplemental pleadings when avaiable up
`unit) the court date. Plaintiff contends that plaintiff will disclose the names of expert testimony
`or declaration when expert winesses are avaiable and they are hired and made available to
`support plaintiff claims in this motion before the court date and rewires their testimony and
`declaration at the hearing on the hearing date unless an order granting my motion is provided
`prior to that date.
`
`The court has granted an extension before however the plaintiff was victem of hacking recenly
`affecting plaintiffs ability to file prepared work relevant to completing the first amended
`complaint .Plaintiff was victem to an espionage tactic tampering with plaintiffs council there he
`was going to hire and had to let go of this attorney. Plainitff was still incapiciated and suffered
`from life threatenig illness in these last 3 months . Plainitff will suffer irreprable harm and be
`unable to comply with business requirmet with the Attonrye Generals office and business
`contracts and will suffer liability from losses should this court not grant this motion so that the
`plainitff can obtaion judgmentsd and monitary damages to satisy those responsibilites.
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`Plaintiff will leave to amend this motion as Plaintifff did not see the courts order until recently
`3/24/24 . Plaintiff request the court allow for continuity and plaintiff rights to allow shortned
`time to file this motion within 10 days of the order filed by the court on 3/18/24.
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`Plaintiff respectfully understands will supply a first amended complaint prior to the court date
`captioned above or not too long out.
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`plaintiff will suffer as he will not be able to perform in his contracts and remedy losses though a
`judgment or order in plaintiffs favor
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`.Plaintiff will provide evidecne and expert witness testimony and declaration to confiorm and
`support this statement and motion
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`Plaintiff will submit expert witness testimony and exhibits and delaration and supplment
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`2
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`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 3 of 11 Page ID #:809
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`briefings to support this motion and wishes leave to amend
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`This motion is made following the conference of council pursuant to LR 7-3 .
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`Plaintiff respectfully submits this application and hope s that the court renders the decision
`after review of the defendnats opposition in plaintiffs favor
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`declare under the penalty of perjury the foregoing is true and correct.
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`3/28/24
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`' V"
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`x ~~
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`Plaintiff Shaheryar Khan in Pro Per
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`3
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`1—~X (-+ i t'3 r ~ s
`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 4 of 11 Page ID #:810
`Case 2:22-cv-02333-MEMF-AS Document 125 Filed 03/18/24 Page 1 of 3 Page ID #:804
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`CIVIL MINUTES —GENERAL
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`Case No. 2:22-cv-02333-MEMF-AS
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`Date: March 18, 2024
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`Title
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`Shahervar Khan v. Adam Kraemer, et al.
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`Present: The Honorable: Maame Ewusi-Mensah Frimpong
`
`Damon Berry
`Deputy Clerk
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`Not Reported
`Court Reporter /Recorder
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`Attorneys Present for Plaintiffs:
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`Attorneys Present for Defendants:
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`Proceedings: (IN CHAMBERS) ORDER RE: Plaintiff s Notice and Application for Ex
`Parte Motion for An Extension of Time to File First Amended Complaint [ECF No. 95]
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`The Court is in receipt of Plaintiff Shaheryar Khan's Ex Parte Application for an
`Extension of Time to File First Amended Complaint (ECF Nos. 115, 120, 122) and Amended Ex
`Pane Application for Extension of Time to File First Amended Complaint (ECF No. 123,
`collectively, the "Ex Parte Filings"), as well as Defendant Google LLC's Opposition to
`Shaheryar Khan's Ex Parte Motion for an Extension of time to File an Amended Complaint
`(ECF No. 118).
`
`In the Central District, a party seeking ex pane relief must comply with (1) the Local
`Rules and Federal Rules of Civil Procedure, and (2) the standards set forth in Mission Power
`Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995).
`
`Local Rule 7-19.1 requires a party filing an ex pane application to:
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`L.R. 7-19 Ex Parte Application. An application for an ex pane order shall be
`accompanied by a memorandum containing, if known, the name, address,
`telephone number and e-mail address of counsel for the opposing party, the
`reasons for the seeking of an ex pane order, and points and authorities in support
`thereof. An applicant also shall lodge the proposed ex pane order.
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`CV-90 (03/15)
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`Civil Minutes —General
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`Page 1 of 3
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`

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`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 5 of 11 Page ID #:811
`Case 2:22-cv-02333-MEMF-AS Document 125 Filed 03/18/24 Page 2 of 3 Page ID #:805
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`CIVIL MINUTES —GENERAL
`
`Case No. 2:22-cv-02333-MEMF-AS
`
`Date: March 18, 2024
`
`Title
`
`Shahervar Khan v. Adam Kraemer, et al.
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`L.R. 7-19.1 Notice of Application. It shall be the duty of the attorney so applying
`(a) to make reasonable, good faith efforts orally to advise counsel for all other
`parties, if known, of the date and substance of the proposed ex pane application
`and (b) to advise the Court in writing and under oath of efforts to contact other
`counsel and whether any other counsel, after such advice, opposes the application.
`C.D. Cal. R. 7-19, 7-19.1. l
`
`Here, several of Khan's Ex Parte Filings all indicate that Khan reached out to opposing
`counsel to alert them about the ex pane filings prior to filing. See, e.g., ECF No. 115 at 2-3, ECF
`No. 123 at 2. Thus, Khan has complied with the notice portion of Local Rule 7-19.1
`
`Under Mission Power, a party seeking ex parte relief must establish (1) that the
`requesting party will be irreparably prejudiced if the motion is heard on a normal schedule and
`(2) that the requesting party did not create the crisis requiring ex pane relief.
`
`Here, Khan does not explicitly discuss the prejudice he would face if his motion were
`heard in accordance with regular procedures. However, the Court notes that Khan asks for an
`extension to file his First Amended Complaint ("FAC"), see e.g., ECF No. 115 at 2, that would
`moot the pending motions to dismiss, which could be granted with prejudice. See ECF No. 66.
`Thus, it is conceivable that Khan could be irreparably prejudiced.
`
`However, the second Mission Power factor does not weigh in Khan's favor. Khan has
`moved several times to extend the deadline to file his FAC—originally April 21, 2023, almost a
`full year ago. Khan states that more time is necessary because he needs to retain counsel and re-
`draft his FAC due to a hacking incident. ECF No. 115 at 2. While the hacking incident is new,
`each of Khan's prior requests have reiterated Khan's need to secure counsel. Khan also states
`that he is still under treatment for his medical conditions. ECF No. 115 at 2. Although the Court
`understands that medical issues are beyond Khan's control, the deadline cannot be extended
`indefinitely until Khan's personal health issues are resolved. The Court has provided Khan with
`ample time—a little over 10 months measured from April 25, 2023, the date the Court granted
`Khan's first ex pane, to present day—to procure counsel and file a FAC. The Court thus
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`' Pro se litigants must comply with the Local Rules. L.R. 83-2.2.3.
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`CV-90 (03/15)
`
`Civil Minutes —General
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`Page 2 of 3
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`

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`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 6 of 11 Page ID #:812
`Case 2:22-cv-02333-MEMF-AS Document 125 Fil~ri 03/18/24 Page 3 of 3 Page ID #:806
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`UNITED STA`fES DISTRI~` ~ COURT
`CENTRAL DISTRICT OF CA.I_,[FORNIA
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`CIVIL MINUTES —GENERAL
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`Case No. 2:22-cv-02333-MEMF-AS
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`Date: March 18, 2024
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`Tit(e
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`Shahervar Khan v. Adam Kraemer, et al.
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`DENIES Khan's Ex Parte Filings. The Court will issue a separate order setting a hearing on the
`pending motions to dismiss.
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`Initials of Preparer DBE
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`CV-90 (03/15)
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`Civil Minutes —General
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`Page 3 of 3
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`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 7 of 11 Page ID #:813
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`DATE: 3/26/2024
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`RE Meet and ConferAttention Every Well And Google Defendants:
`
`Susman Godfrey : K. Pachman Fax 310 789-3150
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`Perkins Coie Alisha Burgin Fax 310-788-3399
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`Case Number 2:22 CV 02333 Shaheryar Khan vs Adam Kramer; Google; Apple ;Everly Well Et AI
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`Plaintiff planning to file a motion to reconsider or set aside the courts ruling on 3/18/ 24
`denying plaintiffs motion to extend time to file first amedned complaint
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`Due to severe illness and medical treatment and deadly infection .Plaintiff need to tend to
`immediatley and recover from infection which became worse thorugh today .Plaintiff was not
`cleared medically through this time and the court was unclear about this. Plaintiff still has life
`threatending matter related to the 1/29/24 notice to Defendnats and will continue to seek
`medical treatment.
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`Plaintiff also found issues with council which the court did not know about that will be plead
`into this motion.
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`Plainitff will be preudiced due to unfair business practices by the defendants act desptroying
`court materials of plaintiff and the requirement to amend issues retaled to federal
`investigation.
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`Plaintiiff will be require to have expert witness testimony and issue before the cout for this
`hearing as well to testify and present declaratrion evidence.
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`Judge Frimpong issued an order requesting that any communication should be conducted in
`accordance to Federal Rules which Plaintiff intneds to follow,
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`Plaintiff also would like to discuss and seek a stipulation if possible or settlement
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`Please Email me at syst.82817@outlook.com to set a time to meet and confer to dicsuss this
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`issue and feel free to email any agreeements that defendnats council may be agreeable to ton
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`the information in the above request. After noon tomorrow will work or Thursday before noon
`also can work this week.
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`Respectfully
`
`Shaheryar Khan
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`

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`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 8 of 11 Page ID #:814
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`Khan v. Google et al. {2:22-cv-02333-MEMF-AS)
`
`Taylor Rodgers, Torryn (Perkins Coie) <TRodgers@perkinscoie.com>
`Tue 3/Z6/2024 9:29 PM
`
`TG
`Cc:Burgin, Alisha C. (Perkins Coie) <ABurgin@perkinscoie.com>
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`M r. Khan,
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`As you know, we are counsel for Google in this matter. I am writing per your request to meet and confer regarding
`your fax that we received today. Please feel free to give me a call tomorrow after noon, or Friday morning. You
`can reach me at 415-344-7122.
`
`Thank yau,
`Torryn
`
`Torryn Rodgers ~ Perkins Core LLP
`ASSOCIATE
`
`She/herlhers
`
`505 Howard Street Suite 1000
`
`San Francisco. CA 94105
`
`D. +1.415.344.7122
`
`F. +1.415.344.7322
`
`E. TRodgers ,perkinscoie.com
`
`tVOTiCE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply
`
`email and immediately delete the message and any atta~~hments without copying or disclosing the contents. Thank you.
`
`

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`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 9 of 11 Page ID #:815
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`Khan v. Kraemer
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`Krysta Pachman <KPachman@susmangodfrey.com>
`Tue 3/26/2024 8:37 PM
`
`To.
`Mr. Khan,
`
`received your fax.
`
`I'm not available tomorrow afternoon. I'm available Thursday before 10 a.m. Please feel free to call me
`then. If you are unable to reach me, you can note in your papers that Everly Well opposes the relief you
`are seeking.
`
`Best,
`Krysta
`
`Krysta Kauble Pachman ~ Partner ~ Susman Godfrey L.L.P.
`
`1900 Avenue of the Stars, Suite 1400, Los Angeles, CA 90067
`
`(310) 789-3118 ~ kpachinan(~;susmangodfrey.com
`
`This e-mail contains privileged and confidential information, which may be subject to the attorney/client privilege and/or attorney work
`product protection. If you received this message in etTor, please notify the sender and delete it immediately.
`
`

`

`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 10 of 11 Page ID #:816
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`SPINE AND SPORTS INSTITUTE
`
`PAYAM VAHEDIFAR, M.D.
`
`WORK NOTE
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`Patient Name: Shah Khan DOB: 07/05/1974
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`May return to work on:
`
`q May return to regular work full time
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`q May return to regular work, but should avoid heavy lifting (over 201bs.)
`
`q May return to light work
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`q May return to work
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`hours per day
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`q May resume light work and gradually do heavier work as time progresses
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`q Ma esume light work with restrictions as listed:
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`Other: The patient will remain off of work from 2-28-2024 - 5-24-2024
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`,/~ ~-~~~
`Signed:
`Payam Vahedifar, M.D.
`
`Date: 03/14/2024
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`...............................................................................................................................................................................................................
`ENCINO
`16633 Ventura Blvd Suite 802
`Encino, CA 91436
`P:818.986.020 F: 818.986.4393
``o
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`

`

`Case 2:22-cv-02333-MEMF-AS Document 126 Filed 03/28/24 Page 11 of 11 Page ID #:817
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`1
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`~
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`SPINE AND SPORTS INSTITUTE
`PAYAM VAHEDIFAR, M.D.
`
`WORK NOTE
`
`Patient Name: Shah Khan DOB: 07/05/1974
`
`Patient to remain off work from 1 1/18/2023 thru 02/28/2024.
`If you have any questions, please call the office at 818-986-0200
`
`Signed: f~ Y
`Payam Vahedifar, M.D.
`
`Date: 11 /30/2023
`
`.........................................................................................................................................................................................................
`ENCINO
`16633 Ventura Blvd Suite 802
`Encino, CA 91436
`P:818.986.0200 F: 818.986.4393
`
`