Statement Case Management ConferenceCal. Super. - 6th Dist.November 8, 2017ATTORNEY OR PARTY WITHOUT ATTORNEY fName, Slale Bar numaer and address) Laura C. McHuqh - SBN: 180930; Jennifer E. Duqqan - SBN: 183833; DUGGAN LAW CORPORATION 641 Fulton Avenue, Suite 200, Sacramento, CA 95825 TELEPHo~E No.. (916) 550-5309 FAX No IOPIiona» (916) 404-5900 E.MAicnoonsss fouronaix laura@duggan-law.corn; jennifer@duggan-law.corn ATToRNEY FQR INamef. Defendanta SUPERIDR CDURT QF CALIFDRNIA, coUNTY QF San'ta Clef'a sTREETADDREss 191 North 1st Street MAILING ADDRESS'ITYANDzIPDDDE San Jose, CA 95113 BRANCH NAME. PLAINTIFF/PETITIQNER: Horacio Rojo DEFENDANT/REsPQNDENT: Ward Mechanical, Inc., et al. CASE MANAGEMENT STATEMENT (Check one): CJ] UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY CASE NUMBER'TCV318835 CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 25, 2019 Time: 10:00 a.m. Dept.: 19 Address of court (if differeni from the address above): Div.f. Room: Notice of Intent to Appear by Telephone, by (name)i Laura C. McHugh INSTRUCTIONS: All applicable boxes must be checked, snd the specified information must be provided. 1. Party or parties (answer one): a. ~v 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 (Io be answered by plainliffs snd cross-complsinanfs only) a. The complaint was filed on (dale): b. ~ The cross-complaint, if any, was filed on (dale): 3. Service (lo be answered liy plainliffs and cross-compfainanls only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b I I The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and exp/ain why nol)i (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c ~ The following additional parties may be added (specify names, nature of invofvemenf in case, and date by which they may be served): 4. Description of case a Type ofcase in ~d complaint See attachment. cross-complaint (Describe, including causes of action) Form Adopled for Mandalory Use Judraal Counal of Calrlomia CM 110 IRav July 1,2011] CASE MANAGEMENT STATEMENT Page 1 of 5 Cal R les of Court rules 3 720-3 730 www coons ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/10/2019 3:54 PM Reviewed By: System System Case #17CV318835 Envelope: 3111761 17CV318835 Santa Clara - Civil System System CM-110 t PLAINTIFF/PETITIONER, Horacio Rojo 17CV318835 DEFENDANT/RESPONDENT Ward Mechanical, Inc., et al. 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury and damages claimed, Including medical expenses to dale (indicate source and amounlj, estimated future medical expenses, lost earnings Io date, and eslimafed fulure lost earnings. If equitable relief is sought, describe the nalure of the re/ief) (If more space is needed, check this box and affach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request Mv a jury trial H a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): 6. Trial date a. ~ The trial has been set for (dale): 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 nof, 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): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~/ by the attorney or party hsted 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. 9. Preference This case is entitled to preference (spemfy code section): IO. Alternative dispute resolution (ADR) ~ by the following: 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) Forself-represented parties. Party H has H has not reviewed theADR informationpackage identifiedinrule3.221. 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) ~ 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) ~ This case is exempt from judikxal 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 exemplionj: CM-110 Inca July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 ere PLAINTIFF/PETITIONER; Horacio Rojo EFENDANT/RESPONDENT. Ward Mechanical, Inc., et al. ! CASE NUMBER. 17C)/3)B835 CM-110 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to partiapate in, or have already participated in /check al/ lhal apply and provide the specified information): The party or parties completing this form are willing to parlicipate in the following ADR processes (check a// 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 faf/ach a copy of the parties'ADR slip ula /i on).'1) Mediation Mediation session not yet scheduled Mediation session scheduled for (da/e): Agreed to complete mediation by (date).'ediation completed on (date)'1 (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (da/e): Agreed to complete settlement conference by (da/e): Settlement conference completed on (dale): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (da/e): Agreed to complete neutral evaluation by (da/e): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dale). Agreed to complete judicial arbitration by (dale): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (dale): Agreed to complete private arbitration by (dale): Pnvate arbitration completed on (dale): (6) Other {speci/y): ADR session not yet scheduled ADR session scheduled for (da/e): Agreed to complete ADR session by (date)/ ADR completed on (da/e) CM110(Rev Jolyf,ggffi CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIQNER: Horacio Rojo DEFENDANT/RESPONDENT Ward MeChaniCal, InCu et al. CASE NUM SER t TCV318835 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: M Yes H No c. ~ 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.~ Bankruptcy H Other (specify)i Status: 13. Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name ofcourt (3) Case number. (4) Status:~ Additional cases are described in Attachment 13a. b. C] A motion to H 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 followmg issues or causes of action (specify moving parly, type of mo//on, 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 Descriotion Date ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IReu July 1, 20111 CASE MANAGEMENT STATEMENT Pege 4 ore PLAINTIFF/PETITIONER: Horacio Rojo DEFENDANT(RE$ PONPENTI Ward Mechanical, Inc., et al. CASE NUMBER 17CV318835 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic htigation 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 (if checked, explain specifically why economic litigation procedures relating lo discovery or trial should not apply lo this case): 18. Otherissues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have entered into a settlement agreement. Plaintiffs'ounsel has informed counsel for Defendants that they are currently drafting a Motion for Court Approval of PAGA Settlement, and informed counsel for Defendants that they would be filing it this week, and stated the hearing date is reserved in September. However, the case information on the Court's website states the hearing is reserved for August 20, 2019. 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): 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 enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date. July 10, 2019 Laura C. McHugh (TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORNEYI (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached CM-110 (Rey July I, 20(li CASE MANAGEMENT STATEMENT PTSe Sere SHORT TITLE: Rojo v. Ward Mechanical, inc., ct al CASE NUMBER 17CV3 I 8835 MC-025 ATTACHMENT (Numher)i 4 (a-b) (This Attachment may he used with any Judicial Council form.) Plaintiff filed 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) Faihire to provide an itemized wage statement; (3) Waiting time penalties; and (4) Penalties under Labor Code II2698. Plaintiff requests compensatory damages, including interest, attorney's fees and costs, waiting time penalties, and PAGA penalties. Defendant disputes Plaintiff s allegations, and denies any wrongdoing. Parties have reached a settlement agreemcnt. Counsel for Plaintiffs have been working on drafting a Motion for Court approval of the PAGA settlement and have informed counsel for Defendants that they would have it completed this week, and that they have reserved a hearing date for September 2019. However, upon review of the case information found on the Court's website, it appears that the hearing date is actually reserved for August 20, 2019. Defendants are still awaiting service of the moving papers for the Motion. (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Atlachment are made under penalty of perjury) page 1 ot 1 (Add pages as required) Farm Approved for Optional Uae Judioal Counol of Cal fornia MC025[Rev July 1 20091 ATTACHMENT to Judicial Council Form www counmro ca dov 1 PROOF OF SERVICE - CCP lf 1013, 1013a, 2015.5 and California Rules of Court, Rule 2.306 2 Roio v. Ward Mechanical, Inc.. et al. 3 Santa Clara County Superior Case No.: 17CV31 8835 4 I, Kristin S. Ellenburg, 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, July 10, 2019, I served the within document: CASE MANAGEMENT STATEMENT 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 JUSTICE 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: TomastMAWLawGrouo.corn Huy Tran Email: HuvtmJAWLawGrouo.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(Rrusnaklawoffice.corn Attorneys for Plaintiff, HORACIO ROJO Attorneys for Plaintiff, HORACIO ROJO 21 El 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 kristinOduggan-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 was executed on july 10, 2019, at Sacramento, California. 26 27 i(~rt'~ fOQku~ 28 Proof of Service