Statement Case Management Conference

Cal. Super. - 6th Dist.July 12, 2019

ATTORNEY OR PARTY wtTHOUT ATTORNEY iNsme, Stale Bm u~r and eddnms) Barbara V. Lam, Esq./S.B.N. 231073 Law Offices of Stephenson, Acquisto & Colman, Inc 303 N. Glenoaks Blvd., Suite 700 FOR COURT USE ONLY CM-110 Burbank, CA 91502 TELEIHONENO 818-559 - 4477 Fnxno iopn tsi 818-559 - 5484 E MAILADDREss (opfnmali blamg sacf irm. corn AITDRNEYFDRIN I Plaintif f SUPERIOR COURT OF CAUFORNIA, COUNTY OF Santa Clara sTREETADDREss 191 N. 1st Street MAILING ADDRESS OITYANoztpcooE San Jose, CA 95113 BRANCH NAME PLAINTIFFJPETITIONER:STANFORD HEALTH CARE DEFENDANT/RESPONDENT:BLUE CROSS OF CALIFORNIA CASE MANAGEMENT STATEMENT (Check one): x UNLIMITED CASE I j LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: CASE NUMBER 19CV351181 Date:10/22/2019 Time:1330 am Address of court (if different from the address above): Dept.: 09 Divd Room: ~x NoticeoflntenttoAppearbyTelephone, by(name): Barbara V. Lam, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. t. Party or parties (answer one): a. I x, This statement is submitted by party (name)JPlaintif f, Stanford Health Care b. I I This statement is submitted jointly by parties (namss): 2. Complaint and crossH:omplaint (to be answered by plaintiffs and cross-complalnanls only) a. Thecomplaintwasfiledon(date): Complaint filed 7/12/19; First Amended filed 7/31/19 b. C The cross-complaint, if any, was filed on (date)i 3. Service (to be answered by plaintiffs and cross-complalnants only) a. ~x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. t~ Ths following parties named in the complaint or cross-complaint (1) [ have not been served (specify names and explain why nol): (2) C have been served but have not appeared and have not been dismissed (specify names): (3) U have had a default entered against them (spscil'y names): c. ( J The following additional parties may be added (specify names, nature of involvement in case, end date by which they maybe served):Breach of Implied-in - Fact Contract; Quantum Irleruit 4. Description of case a. Type of case in I I complaint cross-complaint (Describe, including causes ofaction): Form Adopted for Mandatory Use Judtoal Cou a lot Cat iomta CM-110 IReY July I, 2011) CASE MANAGEMENT STATEMENT Palm 1 af 5 Cal. Rules of Court, rules 3 720-3.730 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/3/2019 3:03 PM Reviewed By: System System Case #19CV351181 Envelope: 3476759 19CV351181 Santa Clara - Civil System System PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENTi BLUE CROSS OF CALIFORNIA CASE NUMBER 19CV351181 CM-110 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date (Indicate source and amountj, esbmated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief ls sought, describe the nature of the relief) plaintiff provided medically necessary services and supplies to insured of Defendant's health plan. Upon completion of treatment, discharge, and demand for said services and supplies, Defendant failed to properly reimburse plaintiff. Defendant caused damages in an amount to be proven at trial according to proof, but in no event less than $ 3,022,522.15, L i (lf more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request L a jury trial x l a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): 6. Trial date a. l The trial has been set for (date): b. Lx i 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. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability). Please see attached 7. Estimated length of trial The parly or parties estimate that the trial will take (check one): a. x l days (specify number); 3-4 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial '~x by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f Fax number e. E-mail address: 9 Party represented Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (spemfy code section): 1(1 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 Lxg has ( has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the dient. (2) For self-represented parties: Party has 'as not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subject 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) 1 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 judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Ru July 1, 2011] CASE MANAGEMENT STATEMENT Pace 2 af 5 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: BLUE CROSS OF CALIFORNIA CASE NUMBER'9CV351181 CM-110 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 If the party or parsee completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy oflhe parties'ADR processes (check all that apply): stipulation): (1) Mediation x Mx Mediation session not yet scheduled LJ Mediation session scheduled for (date): , Agreed to complete mediation by (date): I Mediation completed on (date): (2) Settlement conference xi LxJ Settlement conference not yet scheduled I Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation 9 Neutral evaluation not yet scheduled l~ Neutral evaluation scheduled for (date)i . Agreed to complete neutral evaluation by (date):~ Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration j 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): J Agreed to complete private arbitration by (dete): I Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled ADR session scheduled for (dale): ~ Agreed to complete ADR session by (date):~ ADR completed on (date): CM-110 [Rou July 1, 2011) CASE MANAGEMENT STATEMENT Poso 3 of 3 E PLAINTIFF/PETITIONER STANFORD HEALTH CARE DEFENDANT/RESPONDENT: BLUE CROSS OF CALIFORNIA 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of nights ( Yes ~ No c. E Coverage issues will significantly affect resolution of this case (explain): CASE NUMBER 19CV351181 CM-110 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. , Bankruptcy ( Other (specify): Status: 13. Related a. b. cases, consolidation, and coordination 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. A motion to I L 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 schon (specify moving party, type of motion, and reasons): 16. Other motions L The party or parties expect to file the following motions before trial (specify moving parfy, type of motion, and issues): 16. Discovery a. ~ The parly or parties have completed all discovery. b. I x j The following discovery will be completed by the date specified (describe ail anticipated discovery): ~Pa Descriotion ~Oa~ Plaintiff Form Interrogatories; Special Pursuant to Interrogatories C.C.P. Code Plaintiff Request for Production of Pursuant to Documents; Request for Admission C.C.P. Code Plaintiff Deposition Pursuant to C.C. P. Code c. I The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (speciiy): CM-110 [Re July 1, 2011I CASE MANAGEMENT STATEMENT Page 0 of 5 PLAINTIFF/PETITIONER STANFORD HEALTH CARE DEFENDANT/RESPONDENT: BLUE CROSS OF CALIFORNIA CASE NUMBER 19CV351181 CM-110 17. Economic litigation a. ~l 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. ~ This is a limited avil 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 cess): 18. Otherissues 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. i X I The party or parties have met and conferred with afi parties on all subjects required by rule 3.724 of the California Rules of Court (if nol, explain): b. After meeting and confemng as required by rule 3 724 of the California Rules of Court, the parties agree on the following (specify): Parties are in active settlement discussion. Should this process become unsuccesful, Plaintiff would be interested in participating in the court Civil Rule 4 Early Settlement Conference program. 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: October 2, 2019 BARBARA V. LAM. ESO. )TYPE OR PRINT NAME) tSIGNATURE OF PARTY OR ATTORNEY) )TYPE OR PRINT NAME) (BIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 IRev July I, 2011) CASE MANAGEMENT STATEMENT Peseeeie SHORT TITLE STANFORD HEALTH CARE VS. BLUE CROSS OF casENuusER CALIFORNIA 19CV351 1 46c 2 12/9/19-12/13/19 Arb; 2/18/20-2/19/20 Arbi 3/16/20-3/19/20 Arb; 4/21/20- 3 4/24/20 Arbi 4/23/20-4/24/20 Arb; 5/4/20-5/8/20 Arbi 6/2/20-6/4/20 Arb; 4 6/9/20-6/12/20 Arbi 7/20/20-7/24/20 Arb; 4/26/21-4/30/21 Arb 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Requ/red for verified pleading) The items on this page stated on information and belief (specify item numbers, nof line numbersI: 27 This page may be used with any Judicial Council form or any other paper filed with this court. page Fofttt APPawed hf the Judldal Couhdl of Cadfomta MCO20 fNew Jaouetf 1, 1aafl optlotlal Fotlll ADDITIONAL PAGE Attach to Judicial council Form or other court Paper Sofuuions.~ Plus PROOF OF SERVICE I am employed in the county of Los Angeles, State of Californi. I am over the age of 18 and not a party to the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 3 October 2019, I served the foregoing document(s) entitled: CASK MANAGEMENT STATMENT by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 [ X ] BY U.S. MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] BY FEDERAL EXPRESS: I caused such envelope(s), with overnight Federal Express Delivery Charges to be paid by this firm, to be deposited with the Federal Express Corporation at a regularly maintained facility on the aforementioned date. [C.C.P. 1013(c) 1013(d)] BY PERSONAL SERVICE: I caused the above-stated document(s) to be served by personally delivering a true copy thereof to the individuals identified above. [C.C.P. 1011(a); F.R.C.P. 5(b)] BY EXPRESS MAIL: I caused such envelope(s), with postage thereon fully prepaid and addressed to the party(s) shown above, to be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt of Express Mail on the aforementioned date. [C.C.P. 1013(c)] BY TELECOPIER: Service was effected on all parties at approximately am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) to the facsimile machine number(s) shown above. Transmission to said numbers was successful as evidenced by a Transmission Report produced by the machine indicating the documents had been transmitted completely and without error. C.R.C. 2008(e), Cal. Civ. Proc. Code ( 1013(e). BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error. [ X ] State: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on 3 October 2019 in Burbank, California. 10 d/ '/ k'L Yvv p'r AIDA GRIGORIAN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Brian F. Rowe, Esq. Anthem, Inc. 21555 Oxnard Street First Floor Woodland Hills, CA 91367 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 \DOONQUl-bUJN 11 18 r . e, s . nt , 1 5 xna t i o dl il ,