Case Management Status Conference Statement

Cal. Super. - 6th Dist.October 29, 2015

fl (fl CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Scott M. Grace S.B.N. 236621 Luftman, Heck & Associates, LLP 1958 Sunset Cliffs Boulevard, San Diego, CA 92107 I L E TELEPHONE NO.: (619) 346-4600 FAX No. (Optional): (619) 923-2248 E-MAIL ADDRESS (Optional): sgrace@lawlh.com ATTORNEY FOR (Name): Defendant FEB 1 6 2015 ‘ SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa CFUZ 'STREETADDREss: 701 Ocean Street, Room 110 ALEX CALVO, Cllj RY MAILINGADDRESS: 701 Ocean Street, Room 110 BE U ' SANTA 0'“ AND 2‘9 CODE? Santa Cruz, CA 95060 BRANCH NAME: PLAINTIFF/PETITIONER: National Collegiate Student Loan Trust 2007-4 DEFENDANT/RESPONDENT: Karin Stohn ~~ CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [:1 LIMITED CASE 15CV00185 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 3/1/16 Time: 8:30 am Dept: 5 Div.: Civil Room: Address of court (if different from the address above): [:1 Notice of Intent toAppear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Karin Stohn b. i:] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a, The complaint was filed on (date): 10/29/15 b. CI The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared. or have been dismissed. b. CI The following parties named in the complaint or cross-complaint (1) CI have not been served (specify names and explain why not): (2) i:I havebeen served but have not appeared and have not been dismissed (specify names): (3) I: have had a default entered against them (specify names): 0. CI The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): _ 4. Description of case a. Type Of case 1“ complaint I:I cross-complaint (Describe, including causes of action): This dispute is related to an alleged student loan. The cause of action is Breach of Contract. Page 1 of 5 Form Adopted for Mandate Use Cal. Rules of Court. Judicial Council oiCallforrIiia CASE MANAGEMENT STATEMENT rules 3120-3130 CM-110 [Rev. July 1. 2011] www.courts.ca.gov f) t o. CM-110 ~ DEFENDANT/RESPONDENT: Karin Stohn PLAINTIFF/PETITIONER: National Collegiate Student Loan Trust 2007-4 CASE NUMBER: 15CV00185 ~ 4. b. Provide a brief statement of the case. including any damages. (If personal injury damages are sought, specify the injury and 9. damages claimed, including medical. expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) The defendant is disputing the alleged debt and the assignment of the alleged debt to the Plaintiff. I: (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury triat The party or parties request [:1 a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. I: The trial has been set for (date): 'b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): ‘ c. I Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Please see attached list of dates which Mr. Grace will be unavailable for trial on. Estimated length of trial The party or parties estimate that the trial will take (check one): a. |:] days (specify number): b. hours (short causes) (specify): 1-2 hours Trial representation (to be answered for each party) The party or parties will be represented at trial E] by the attorney or party listed in the caption 1:] by the following: a. Attorney: b. Firm: 0. Address: d. Telephone number: f. Fax number: e. E-mail address: 9. Party represented: I:I Additional representation is described in Attachment 8. Preference Cl This case is entitled to preference (specify code section): 10. Alternative.dispute’lresoluiticn (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has I: has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. ' (2) For self-represented parties: Party :1 has i: has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) I: This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediatior: under ode of Civil Procedure section 1775.3 because the amount In controversy does not exceed the statutory imit. (2) E] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [:1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exempt/on): CM-“WRW-Ju'v 1- 2011! CASE MANAGEMENT‘STATEMENT “gem (‘3 P) CM-110 ~ DEFENDANT/RESPONDENT: Karin Stohn PLAINTIFF/PETITION“: National Collegiate Student Loan Trust 2007-4 CASE NUMBER: 1 5CV00185 ~ 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in. have agreed to participate in. or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes. indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation El Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation Completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE! EDEN] HEIDI] ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rav. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT ~ fl (‘3 PLAlNTlFF/PETlTlONER: National Collegiate Student Loan Trust 2007-4 CASE NUMBER‘ - . 15CV00185 DEFENDANT/RESPONDENT: Kann Stohn ~ ~ 11. Insurance a. :1 insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: El Yes [:1 No c. I: Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. 1:} Bankruptcy [:1 Other (specify): Status: 13. Related cases, consolidation, and coordination a. [:1 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: :1 Additional cases are described in Attachment 13a. b. Cl A motion to [:1 consolidate E coordinate will be filed by (name party): 14. Bifurcation :1 The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions I: The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. :1 The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Request For Production of Documents 35 days before trial c. I: The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT “9° 4"” m c“) / CM-110 PLAINTIFF/PETITIONER: National Collegiate Student Loan Trust 2007-4 CASE NUMBER: . 150V00185 KarIn Stohn DEFENDANT/RESPONDENT: ~ ~ 17. Economic litigation a E] This' Is a limited civil case (i. e. the amount demanded' Is $25 000 or less) and the economic litigation procedures In Code of Civil Procedure sections 90-98 will apply to this case. b, [:1 This' Is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues III The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Defendant requests that the court set a trial date at least 180 days from now. The defendant is not amenable to ADR, mediation or arbitration. However, the parties have been engaged in settlement discussion in hopes of avoiding trial. 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): The parties have been engaged in settlement discussion. 20. Total number of pages attached (if any): 1 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other' Issues raised by this statement and will possess the authority to ent- - = - - - = - - e issues at the time of the case management conference including the written authority of the party Wh ~~ Date: February 8, 2016 Scott M. Grace , ’ (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [:1 Additional signatures are attached. CM-110[Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page5075 \OooqQMALHNH N N N N N N N N »--l '-‘ >-‘ D-l p-l |--l H H (‘1 ”'5 Attachment To Case Management Statement Mr. Grace has previously scheduled hearings on the following dates: 3/2/16, 3/3/16, 3/7/16, 3/9/16, 3/18/16, 4/8/16, 4/15/16, 4/18/16, 5/26/16, 5/31/16, 6/6/16, 6/13/16, 6/16/16, 6/20/16, 6/23/16, 6/24/16, 7/5/16, 7/11/16, 9/16/16, 10/20/16, 10/24/16, 11/3/16, and 11/8/16. Attachment To Case Management Statement ~ (‘3‘ A (‘5 POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Scott M. Grace S.B.N. 236621 Luftman, Heck & Associates, LLP 1958 Sunset Cliffs Boulevard San Diego, CA 92107 TELEPHONE NO.: 619-346-4600 FAx NO. (Optional): 619-923-3661 EMAIL ADDREss (Optional): sgrace@lawlh.com ATTORNEY FOR (Name): Defendant Superior Court of California, County of Santa Cruz STREET ADDRESS: 701 Ocean Street, Room 110 MAILING ADDRESS: 701 Ocean Street, Room 110 CITY AND ZIP CODE: Santa Cruz, CA 95060 BRANCH NAME: PETITIONERIPLAINTIFF: National Collegiate Student Loan Trust 2007-4 RESPONDENT/DEFENDANT: Karin Stohn CASE NUMBER: L PROOF OF SERVICE BY FIRST-CLASS MAIL-CIVIL 15cvoo135 (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing ’ took place. 2. My residence or business address is: 1958 Sunset Cliffs Boulevard San Diego, CA 92107 . 3. On (date):F EB fl 8 28151 mailed from (city and state): San Diego, CA the following documents (specify): Case Management Statement :1 The documents are listed in the Attachment to Proof of Service by First-Class Mail-Civil (Documents Served) (form POS-030(D)). 4. I served the documents by enclosing them in an envelope and (Check one): a. IE] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. [:1 placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day-thatcorrespondence 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. 5. The envelope was addressed and mailed as follows: a. Name of person served: Law Offices of Patenaude & Felix, A.P.C. b. Address of person served: 4545 Murphy Canyon Road, 3rd Floor San Diego, CA 92123 ~~~~ CI The name and address of each person to whom I mailed the documents is listed in the Attac - by First-Class Mail-Civil (Persons Served) (POS-030(P)). FEB u 8 2015 " t///( William Dennv 'roof of Service (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERsoy/COMPLET THIS FORM) Form Approved for Optlonal Use _ _ Code of Civil oedure, §§ 1013. 10133 Judicial, cm, mum, PROOF OF SERVICE BY FIRST CLASS MAIL CIVIL www.courtinfo.ca.gav PCS-030 [New January 1. 20051 (Proof of Service) ~ M‘V\__ ,A_;__ .V.‘- fi~..-‘ »