NoticeCal. Super. - 6th Dist.November 15, 201910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19CV35851 1 Santa Clara - Civil AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar No. 218672 khaque@aegislawfirm.com SAMUEL A. WONG, State Bar No. 2 1 7 1 04 swong@aegislawfirm.com JESSICA L. CAMPBELL, State Bar No. 280626 jcampbell@aegislawfirm.com Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/6/2020 11:51 AM Reviewed By: R. Walker Case #1 9CV358511 Envelope: 3845296 JOSEPH. M. SZILAGYI, State Bar No. 317450 jszilagyi@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Attorneys for Plaintiff Kamran Khan, individually and 0n behalf 0f all others similarly situated SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA KAMRAN KHAN, individually and 0n behalf 0f all others similarly situated, Plaintiff, VS. RK MANAGEMENT GROUP LLC; and DOES 1 through 20, inclusive, Defendants. Case N0.: 19CV358511 Case Assigned t0: Hon. Brian C. Walsh Dept: I NOTICE OF CASE MANAGEMENT CONFERENCE NOTICE OF CASE MANAGEMENT CONFERENCE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on February 28, 2020, at 10:00 a.m., in Department 1 of the above court, located at 191 N. First Street, San Jose, CA 95 1 13-1090, the Parties must appear in person before the Honorable Brian C. Walsh for the Case Management Conference. Attached hereto as Exhibit A is a true and correct copy of the Court’s order. Dated: January 6, 2020 AEGIS AW By: Josgfi M. szilagyi Attorneys for Plaintiff Kamran Khan -1- NOTICE OF CASE MANAGEMENT CONFERENCE EXHIBIT A Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/20/2019 9:16 AM Reviewed By: R. Walker Case #19CV358511 Envelope: 3673702 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 N. FIRST STREET SAN JOSE, CA 951 13-1090 TO: FILE COPY RE: Khan v. RK Management Groug LLC CASE NUMBER: 19CV358511 ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY AND RESPONSIVE PLEADING DEADLINE WHEREAS, the Complaint was filed by Plaintiff KAMRAN KHAN (“Plaintiff") in the Superior Court of California, County of Santa Cloro, on November 15, 2019 0nd assigned to Department 1 (Complex Civil Litigation), the Honorable Brion C.Walsh presiding, pending a ruling on the complexity issue; IT IS HEREBY ORDERED that: The Court determines that the obove-referenced cose is COMPLEX within the meaning of California Rules of Court 3.400. The matter remains assigned, for all purposes, including discovery and trial, to Department 1 [Complex Civil Litigation), the Honorable Brian C. Walsh presiding. The parties ore directed to the Court's local rules and guidelines regarding electronic filing and to the Complex Civil Guidelines, which ore available on the Court's website. Pursuant to California Rules of Court, Rule 3.254, the creation and maintenance of the Master Service List shall be under the auspices of (l) Plaintiff KAMRAN KHAN, as the first-nomed party in the Complaint, ond {2) the first-named party in each Cross-Comploint, if any. Pursuant to Government Code section 7061 6(c), each por’ry's complex case fee is due within ten (IO) calendar days of this date. Plaintiff sholl serve o copy of this Order on call parties forthwith ond file 0 proof of service within seven (7) days of service. Any party objecting to the complex designation must file an objection and proof of service within ten [10) days of service of this Order. Any response ’ro the objection must be filed within seven (7) days of service of the objection. The Court will make its ruling on the submitted pleadings. The Case Management Conference remains set for Februam 28, 2020 at 10:00 am. in Degaflment 1 and oll counsel ore ordered ’ro offend in person. Counsel for oll parties ore ordered to meet 0nd confer in person ct least 15 days prior ’ro the First Case Management Conference 0nd 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: Updated on 3/8/ l 8. 3. Appropriate alternative dispute resolution [ADR). for example, mediation, mandatory settlement conference. arbitration, mini-friol: 4. A plan for preservation of evidence 0nd o uniform system for identification of documents throughout the course of this litigation: 5. A plan for document disclosure/producfion 0nd additional discovery; which will generally be conducted under court supervision ond by cour’r order; 6. Whether it is advisable to address discovery in phases so that 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 10 take the lead in preparing c Joint Case Management Conference Statement 10 be filed 5 calendars days prior to the First Case Management Conference, and include the following: l. A Statement os to whether additional parties ore likely to be added 0nd a proposed dote by which oll parties must be served: 2. Service lists identifying all primary 0nd secondary counsel, firm names, addresses. telephone numbers, email addresses and fox numbers for all counsel: 3. A description of oll discovery completed to date and any outstanding discovery as of the date of the conference: Applicability and enforceability of arbitration clauses, if any: A list of all related litigation pending in other couns, including Federal Court. 0nd a brief description of any such litigation, 0nd o statement as to whether any 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 significant issues in the case: 7. The porties' tentative views on on ADR mechanism ond how such mechanism might be integrated into the course of the litigation: 8. Whether discovery should be conducted in phases or limited: and if so, the order of phasing or types of limitations of discovery. If this is o class action lawsuit, the parties should address the issue of limited merits discovery in odvonce of class certification motions. S"? To the extent the parties ore unoble to agree on the matters 10 be addressed in the Joint Case Management Conference Statement, the positions of each party or of various parties should be set fonh separately 0nd attached to this report os oddendo. The parties ore encouraged to propose, either jointly or separately, any approaches to cose management they believe will promote the fair 0nd efficient handling of this cose. The Cour? is porficulcrly interested in identifying potentially disposifive or significant threshold issues the early resolution of which may assist in moving the cose toward effective ADR ond/or a final disposition. SIAY ON DISCOVERY AND RESPONSIVE PLEADING DEADLINE Pending further order of this Court, the service of discovery and the obligation ’ro respond ’ro any outstanding discovery is stayed. However, Defendonfls) shall file o Notice of Appearance for purposes of identification of counsel 0nd preparation of o service lis’r. The filing of such o Notice of Appearance shcll 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 Updated on 3/8/1 8. change of venue 0nd cross-comploinfs until o date is set of the First Case Management Conference for such filings 0nd hearings. This Order is issued to assist the Court 0nd the parties in the management of this "Complex" cose through the development of on orderiy schedule for briefing ond hearings. This Order shall 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 all the parties in this matter forthwith. SO ORDERED. Date: //’/K’/€ fig ( (9% Hon. Brian C. Walsh Judge of the Superior Court If you, a party represented by you. or a witness to be coiled on behalf of tho? pony need on accommodation under_the American with Disabilities Act, please contact the Court Administrator's office of [408) 882-2700, or use the Court's TDD lune, (408) 882-2690 or the Voice/TDD California Relay Service, (800) 735-2922. --_ 3 Updated on 3/8/18. COOQONUI-BUJNI-d NNNNNNNNNI-IHr-tr-In-Ir-dt-II-HH OOVONUIAUJNP-‘OCWQONUI&UJNHO CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; am employed with Aegis Law Finn PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On January 6, 2020, I served the foregoing document entitled: O NOTICE OF CASE MANAGELIENT CONFERENCE on all the appearing and/or interested parties in this action by placing D the original E a true copy thereof enclosed in sealed envelope(s) addressed as follows: ' Kenneth S. Mamao 675 E. Campbell Ave. Campbell, CA 95008 Agent OfService ofProcessfor Defendants : RKMANAGEAENTGROUP LLC K4 (BY MAIL) I am readily familiar with the film’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the palty served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R Civ. Proc. 5(a); Fed. R Civ. Proc. 5(a).) D (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of ' Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein t6 be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(0).) D (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served Via electronic transmission to the addressee(s) listed above on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) I declare under penalty of peljury under the laws of the State of California that the foregoing is true and correct. Executed on January 6, 2020, at Irvine, California. CERTIFICATE OF SERVICE
