Statement Case Management ConferenceCal. Super. - 6th Dist.November 8, 2017ATTORNEY OR PARTY IMTHOUT ATTORNEY (Name, Slate Bar number, and addressr FOR COURT USE ONSY CM-110 Laura C. McHuqh - SBN: 180930; Jennifer E. Duqqan - SBN; 183833; DUGGAN LAW CORPORATION 641 Fulton Avenue, Suite 200, Sacramento, CA 95825 TETEPHONENo (916) 550-5309 FAxuo fobfmna» (916) 404-5900 EMAiLAooREssfo»ifonaii laura@duggan-law corn; jennifer@duggan-law corn ATTORNEY FOR (Name) DefendantS sUPERIQR coURT oF GALIFQRNIA,coUNTY QF Santa Clara sTREETAooREss 191 North 1st Street MAILING*OOSESS ciny ANoziP coo'an Jose, CA 951 1 3 BRANCH NAME'LAINTIFF/PETITIQNER: Horacio Rojo DEFENDANT/REspONDENT: Ward Mechanical, Inc., et al. CASE MANAGEMENTSTATEMENT (Check one): 23 UNLIMITEDCASE M LIMITEDCASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) CASE NUMBER. 17CV318835 A CASE MANAGEMENTCONFERENCE is scheduled as follows: Date. April 16, 2019 Time: 10:00 a.m. Dept.: 19 Address ofcourt (ifdifferent from the address above): Divx Room: Notice of Intent to Appear by Telephone, by (name)r Laura C. McHugh INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~y This statement is submitted by party (name): Ward Mechanical, inc., and John William Ward b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-compiainants only) a. The complaint was filed on (date): b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-compiainants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (I) M have not been served (specify names and explain why not): {2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (sperxfy names): c, ~ The following additional parties may be added (specify names, nature of involvement in case, and date tly which they may be served): 4. Description of case a. Type of case in [Z complaint M cross-complaint (Descnbe, including causes of action): See attachment. Foml Adopled for Mandalofy Use Judkual Counol of Cal fomia CM-110 [Rev July 1 2011I CASE MANAGEMENTSTATEMENT Page 1 of 3 Cal Rules of Coun, rules 3 720-3 730 www courts ca »ov Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/29/2019 4:18 PM Reviewed By: System System Case #17CV318835 Envelope: 2694783 17CV318835 Santa Clara - Civil System System CM-110 m PLAINTIFF/PETITIONER Horacio Rojo 17CV318835 DEFENDANT/RESPONDENT; Ward Mechanical, Inc., et al. 4. b. Provide a briefstatement ofthe case, including any damages. (Ifpersonalinjury damages are sought, specify theinjury snd damages claimed, including medical expenses lo date (indicate source and amount), esiimaled future medical expenses, lost earnings lo date, end estimated future Iosi earnings. Ifequitable reiiefis sought, describe the nature of the relief) (Ifmore space is needed, check this box and attach a page designated as Affachmeni 4b) 5. Jury or nonjury trial The party or parties request ~v a jury trial M a nonjury tdial. (Ifmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. ~ The trial has been set for (dete): b. ~y 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 nol, explain): Parties have entered into a settlement agreement. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify number) NIA b. ~ hours (short causes) (specify)J 8. Trial representation (io be answered for each party) The party or parties will be represented at trial ~ by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address g. Party represented: Additional representation is described in Attachment 8. ~ by the following'. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (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 H has K 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 H has W has not reviewed the ADR information package identified in rute 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subiect to mandatory judicial arbitration under Code of Civil Procedure section 1141 11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ Plaintiffelects to refer this case to judicial arbitration and agrees to limit recovery to the amount speafied in Code of Civil Procedure section 1141.11. (3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Couitor from civil action mediation under Code of Civil Procedure section 1775 et seq (specify exemption): cu-11DIRev July 1 2D111 CASE MANAGEMENTSTATEMENT Page 2 era PLAINTIFF/PETITIONER: Horacio Rojo EFENDANT/RESPONDENT; Ward Mechanical, Inc., et al. CASE NUMSER. 17CV318835 CM-110 10. c, Indicate the ADR process or processes that the party or parties are wilhng to participate in, have agreed to participate in, or have already participated in (check ail that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check a/I 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 (altach a copy of Ihe parties'ADR slipuiation): (I) Mediation 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 (dale): 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)i Judicial arbitration completed on (date): (5) Binding private arbitration Pnvate arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (dale): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (dale): ADR completed on (dale): CM-110 IRev July 1, 2011I CASE MANAGEMENTSTATEMENT Rege 3 51 5 PLAINTIFF/PETITIQNER: Horacio Rojo DEFENDANTiRESPDNDENT Ward Mechanical, Inca et al. CASE NUMBER 17CV318835 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name); b. Reservation of nghts: W Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain): 12 Jurisdiction Indicate any matters that may affect the coun's junsdiction or processing of this case and describe the status.~ Bankruptcy C] Other (specify): Status: 13. Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases. (1) Name of case. (2) Name of court. (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ 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 ofmotion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~V The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date spemfied (describe a/I anticipated discovery): ~Part Description Date c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)J CM-110[Rag July1,2011I CASE MANAGEMENTSTATEMENT Pagaaafg PLAINTIFF/PETITIQNER: Horacio Rojo DEFENoANTiRESPDNDENT; Ward Mechanical, Inc., et al, CASE NUMBER 17CV318835 CM-110 17. Economic litigation a ~ This is a limited civil case (i.eu 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, ~ 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 (ifchecked, explain specifically why economic litigation pmcedures relating to discovery or trial should nol apply lo this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 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 (i(no(, 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): 20. Total number of pages attached (ifany): 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 enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: March 29, 2019 Laura C. McHugh (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR AT@)RNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORISEY)~ Additional signatures are attached CM-110 [Reu July I, 2011] CASE MANAGEMENTSTATEMENT Pegesofg SHORT TITLE: Rojo v. Ward Mechanical, Inc., et al CASE NUMBER 17CV31 8835 MC-025 ATTACHMENT(fr(umber): 4 (a-b) (This Attachment may be used with any Judicial Council farm.) Plaintifffiled a PAGA complaint against his former employer, Ward Mechanical, Inc. alleging four causes of action: (1) Failure to pay overtime wages and for all hours worked; (2) Failure to provide an itemized wage statement; (3) Waiting time penalties; and (4) Penalties under Labor Code I1'2698. Plaintiffrequests compensatory damages, including interest, attorney's fees and costs, waiting time penalties, and PAGA penalties, Defendant disputes Plaintiffs allegations, and denies any wrongdoing. Parties have reached a settlement agreement and willsoon be requesting Court approval. Form Approved for optronat Uae Judroal Counol of Calrfomra Mc-025 IRev July f, 2009I ATTACHMENT to Judicial Council Form (if the item that this Attachment concerns is made under penalty ofperjuqr, all statements in this Attachmenl are made under penalty ofperjury.) page I ot I (Add pages as required) www oounrnro re pov 1 PROOF OF SERVICE -CCP ff 1013, 1013a, 2015.5 and California Rules of Court, Rule 2.306 2 Roio v. yyard Mechanical. Inc.. et al. 3 Santa Clara County Superior Case No.r 17CV318835 4 I, Melanic jagla, declare that: 5 I am a citizen of the United States and am over the age of eighteen years and not a party to the within above-entitled action. I am an employee of Duggan Law Corporation and my 6 business address is 641 Fulton Avenue, Suite 200 Sacramento, CA 95825 7 On, March 29, 2019, I served the within document: CASE MANAGEMENTSTATEMENT 9 On the parties in said action addressed as follows: 10 12 13 14 15 16 17 18 19 20 Tomas E. Margain Huy Tran )USTICE AT WORK LAW GROUP, LLP 84 West Santa Clara Street, Suite 790 San jose, CA 95113 Telephone: (408) 317-1100 Facsimile: (408) 351-0105 Tomas E. Margain Email: Tomas@JAWLawGrouo.corn Huy Tran Email: Huv($3AWLawGrouo.corn Alexander S. Rusnak jennifer L. Rusnak 84 West Santa Clara Street, Suite 790 San jose, CA 95113 Telephone: (408) 780-9835 Facsimile: (408) 351-0114 Alexander S. Rusnak email: arusnak@rusnaklawoffice.corn jennifer L. Rusnak email: irusnak@rusnaklawoffice.corn Attorneys for Plaintiff, HO RACI0 Roj 0 Attorneys for Plaintiff, HORACIO Rojo 22 23 24 BY ELECTRONIC SERVICE: By 5:00 p.m. I electronically transmitted the document(s) listed above to the email address(es) of the person(s) set forth above. The email address I used to transmit these documents is melanie@duggan-law.corn This transmission was sent on this date. The transmission was reported and complete without error. (CRC 2.251 or Fed.R.Civ.P. 5(b)(E)). I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct, and that this declaration t d March 29, 2019, at Sacramento, California. 26 27 Melanic )acta 28 Proof of Service
