Order Deeming Case ComplexCal. Super. - 6th Dist.October 22, 2018Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/28/2019 11:13 AM Reviewed By: R. Walker Case #18CV336873 Envelope: 2682650 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 N. FIRST STREET SAN JOSE, CA 951 13-1090 TO: FILE COPY RE: Jones v. Sales Exgefls, lnc., ei al. CASE NUMBER: 18CV336873 ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY WHEREAS, the Complaint was filed by Plaintiff ANTONIO JONES (“Plaintiff") in the Superior Court of California, County of Scnto Clara, on November 20, 2018; WHEREAS, Defendant TrocFone Wireless, Inc. filed a Counter-Designofion for Complexity Sfoius on March l l, 2019, simultaneously wi’rh ifs Answer f0 the First Amended Complaint. and the mofier was thereafter referred to Department 5 (Complex Civil Litigofion), the Honorable Thomas E. Kuhnle presiding, for o ruling on 1he complexity issue; IT IS HEREBY ORDERED that: The Court determines that the obove-referenced cqse is COMPLEX within the meaning of California Rules of Court 3.400. The matter shall be, ond is. reassigned, for oll purposes, including discovery 0nd trial, to Department 5 (Complex Civi| Litigation), the Honorable Thomas E. Kuhnle presiding. The porfies ore directed to the Court's local rules 0nd guidelines regarding electronic filing 0nd 10 the Complex Civi| Guidelines, which ore available on the Court's website. Pursuant to California Rules of Court, Rule 3.254, the creation 0nd maintenance of the Master Service List shall be under the auspices of (l) Plaintiff ANTONIO JONES, cs the first-nomed party in the Complaint, and (2] the first-nomed party in each Cross-Comploint, if any. Pursuoni to Government Code section 7061 6(c), each party's complex case fee is due within ten (10] calendar doys of this date. Plaintiff sholl serve o copy of this Order on oll parties forthwith 0nd file a proof of service within seven (7) days of service. Any party objecting to 1he complex designation must file on objection 0nd proof of service within ten (10) days of service of this Order. Any response to the objection must be filed within seven (7) doys of service of the objection. The Court will make its ruling on the submitted pleadings. The Order to Show Cause Hearing re Failure to Serve. set for Moy 2, 2019 is vacated by the Court. A Case Management Conference is set for May 10‘ 2019 at 10:00 a.m. in Degaflment 5 0nd oll counsel ore ordered to offend in person. Updated on 3/8/1 8. Counsel for oll parties are ordered to meet and confer in person 01 least 15 days prior to the First Cose Monogemen’t Conference ond discuss the following issues: l. Issues related to recusol or disqualification; 2. Issues of low that, if considered by the Court may simplify or further resolution of the case, including issues regarding choice of low: 3. Appropriate alternative dispute resolution (ADR), for example, mediation, mandatory settlement conference, arbitration, mini-triol: 4. A plan for preservation of evidence 0nd a uniform system for identification of documents throughout the course of this litigation: 5. A plon for document disclosure/producfion and additional discovery; which will generally be conducied under court supervision 0nd by court order; 6. Whether it is advisable to address discovery in phases so tho’t information needed to conduct meaningful ADR is obtained early in the case [counsel should consider whether they will stipulated to limited merits discovery in advance of certification proceedings). allowing the option to complete discovery if ADR efforts ore unsuccessful: 7. Any issues involving the protection of evidence 0nd confidentiality: 8. The handling of any potential publicity issues: Counsel for Plaintiff is to toke the lead in preparing o Join’r Case Management Conference Statement to be filed 5 calendars clays prior to the First Cose Management Conference, and include the following: 1. A Stoiemen’r os to whe1her additional parties ore likely to be added 0nd o proposed date by which oll parties mus’r be served: 2. Service lists identifying oll primary ond secondary counsel, firm names, addresses. telephone numbers, email addresses 0nd fox numbers for oll counsel: 3. A description of all discovery completed to date 0nd any outstanding discovery as of the date of the conference: Applicability 0nd enforceability of arbitration clauses, if any: A list of oll related litigation pending in other courts, including Federal Court, 0nd o brief description of any such litigofion, and o statement os to whether ony additional related litigation is anticipated (CRC 3.300): 6. A description of factual 0nd legal issues - the parties should address any specific contract provisions the interpretation of which may assist in resolution of significon’r issues in the case: 7. The pcr’ries' tentative views on cm ADR mechanism 0nd how such mechanism might be integrated into the course of the litigation: 8. Whether discovery should be conducted in phases or limited; 0nd if so, the order of phasing or types of limitations of discovery. If this is o closs action lawsuit, the ponies should address the issue of limited merits discovery in advance of class certification motions. 9‘? To the extent the parties ore unable to agree on the matters to be addressed in the Joint Case Management Conference Statement, the positions of each pofiy or of various parties should be set forth separately 0nd attached 10 this report os oddendo. The parties ore encouraged to propose, either jointly or separately, any approaches to case management they believe will promote the foir 0nd efficient handling of this case. The Court is particularly interested in identifying potentially dispositive or significant threshold issues the early resolution of which moy assist in moving the case toward effective ADR ond/or a final disposition. STAY ON DISCOVERY AND RESPONSIVE PLEADING DEADLINE Pending further order of this Court, the service of discovery and the obligation to respond to ony outstanding discovery is Updated on 3/8/ l 8. 2 stayed. However, Defendonfls) shall file o Notice of Appearance for purposes of identification of counsel 0nd preparation of a service list. The filing of such c: Notice of Appearance shall be without prejudice to the later filing of a motion to quash to contest jurisdiction. Parties shall not file or serve responsive pleadings, including answers to the complaint, motions to strike, demurrers, motions for change of venue and cross-comploims until cu date is set oi the First Case Management Conference for such filings and hearings. This Order is issued 10 assist the Court and the parties in the management of this “Complex" case through the development of on orderly schedule for briefing oncl hearings. This Order sholl not preclude The parties from continuing to informally exchange documents that may assist in their initial evaluation of the issues presented in this Case. Plaintiff sholl serve o copy of this Order on oll the parties in this matter forthwith. SO ORDERED. Date: 3 2 é “ l: I \V;WWMA f Hon. Thorfials E. Jhnle Judge of The S erior Court If you, a pariy represented by you. or a witness Io be called on behalf of that pony need on accommodation under the American with Disabilities Act, please confoci the Court Administrator's office o? (408) 882-2700. or use the Court’s TDD line. [408) 882-2690 or the Voice/TDD California Reloy Service. (800) 735-2922. ““ 3 Updated on 3/8/18.
