Statement Case Management ConferenceCal. Super. - 6th Dist.January 3, 202020CV361 155 Santa Clara - Civil Weflfljstem A'I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY LORBER, GREENFIELD 5: POLITO, LLP Wakako Uritani (SBN 223619),- Shireen Kennedy (SBN 325181) Electronically Filed 142 Sansome Street, Third Floor by superior court Of CA, San Francisco, CA 94104 county Of santa Clara, TELEPHONE No.: (415) 986-0688 FAX No. (Optional): on 9/1 7/2021 10'02 AM E-MAILADDRESS(Optional):wuritani@lorber1aw.com; skennedy@lorberlaw.com Reviewed By_ System System ATTORNEYFORmame): MGM Drywall: IHC- Case #20CV361 1 55 SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara Envelope: 7286860 STREETADDRESS; 191 North First Street MAILINGADDRESS: 191 North First Street CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Dung D. Dang, et al . DEFENDANT/RESPONDENT: S .J. Amoroso Construction Co. , Inc . , et a1 . CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 20cv351155 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 30, 2021 Time: 10:30 a‘m- Dept.: 7 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Wakako Uritani. Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): MGM Drywall, Inc. b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): May 28, 2020 3. Service (to be answered by plaintiffs and cross-complainants only) a. AII parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of ca§e a- Type 0f case In complaint E cross-complaint (Describe, including causes of action): 1) Premises Liability; 2) General Negligence; and 3)Loss of Consortium Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT CEB rules 3120-3730 CM-1 10 [Rev. July 1, 2011] www_ceb_com www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Dung D. Dang, et a1. CASENUMBER- 20CV361155 DEFENDANT/RESPONDENT: S .J. Amoroso Construction Co. , Inc . , et al . 4. b. Provide a brief statement of the case, including any damages. (lfpersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) On March 27, 2019, Plaintiff Dang in the course and scope of employment, was on the top 2-3 rungs of a 10-foot ladder reaching to screw in an HVAC unit when he placed his hand on an unsecured ceiling crossbar and fell to the ground, sustaining injuries. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case wi|| 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): Mediation: 9/15/21, 9/28/21, 9/30/21, 10/6/21, 10/15/21, 11/12/21, 11/19/21, 12/15/21, 12/15/21, 1/7/22, 1/6/22, 1/14/22,3/15/22, 9/26/22, 12/1/2022 & 12/29/2022. Trial; 11/1/21, 11/29/21, 1/24/22, 2/7/22, 7_ Estirfi/aggfiéhfifigflmal 3/7/22, 4/4/22, 4/18/22, 10/21/22, 12/5/22, 1/9/2023, 5; 3/6/23. The party or parties estimate that the trial wi|| take (check one): a. days (specify number): 5 - 7 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties wi|| be represented at trial by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that differentADR 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 has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For seIf-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is subject to mandatoryjudicial 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) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.1 1. (3) E This case is exempt from judicial 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 exemption): CM-110 [Rev.JuIy1,2011] CASE MANAGEMENT STATEMENT CEB Page20f5 www.ceb.com CM-110 PLAINTIFF/PETITIONER: Dung D. Dang, et a1. DEFENDANT/RESPONDENT; S.J. Amoroso Construction Co., CASE NUMBER: 20CV361155 Inc., et a1. 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 this form are willing to participate in the following ADR processes (check all 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 (attach a copy of the parfies’ADR stipulation): (1) Mediation DDID Mediation session not yet scheduled Mediation session scheduled for (date): 9/15/2021 Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): 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): Judicial arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): 0M-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT CEB Page 3 of 5 www.ceb.com CMfllQ PLAINTIFF/PETITIONER: Dung D. Dang, et a1. CASENUMBER - 20CV361155 DEFENDAhHVRESPONDENT;S.J. Amoroso Construction Co., Inc., et a1. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Gemini b. Reservation of rights: Yes E No c. E 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.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a_ E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b_ E A motion to E consolidate E coordinate will be filed by (name party): 14. BifurcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specifi/ moving parfy, type of motion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pam Description % MGM Drywall, Inc. Expert Discovery Per code MGM Drywall, Inc. Depositions Ongoing MGM Drywall, Inc. Written Discovery Ongoing c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“O [ReV-Ju'v 1120111 CASE MANAGEMENT STATEMENT CEB Page4°f5 www.ceb.com CM-110 PLAINTIFF/PETITIONER: Dung D. Dang, et al. CASE NUMBER:- 20CV361155 DEFENDANT/RESPONDENT; S.J. Amoroso Construction Co. , Inc. , et a1. 17. Economic litigation a.E 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.E 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 to discovery or trial should not apply to this case): 18. Other issuesE 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 (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): | am completely familiar with this case and wi|| 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: September 15, 2021 Shireen Kennedy ’ 5% (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR A'I'I'ORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“O [ReV-Ju'v 11°11] CASE MANAGEMENT STATEMENT CEB Pages“ www.ceb.com LORBER, GREENFIELD & POLITO, LLP 142 Sansome Street Third Floor San Francisco California 941 04 Telenhone (41,5\ 986-0688 / Facsimile (415\ 986-1172 4; flak)! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Re: Dung D. Dang and Lan Anh Nguyen V. S.J. Amoroso Construction C0,, Inc. Court: Superior Court of California County of Santa Clara Case N0: 20CV-361 155 PROOF OF SERVICE (Code CiV. Proc., §§ 1012, 1013a, 2015.5; Fed. Rules CiV. Proc., rule 5(b).) I am employed in the County of San Francisco, State of California. I am over the age 0f 18 and not a party t0 the Within action. My business address is 142 Sansome Street, Third Floor, San Francisco, CA 94104. On September 15, 2021, I served the foregoing document described as: MGM DRYWALL, INC.’S CASE MANAGEMENT STATEMENT on the interested parties in this action, addressed as follows: SEE ATTACHED LIST x/ (BY ELECTRONIC-MAIL) by attaching a copy 0f the document(s) in PDF format t0 the email addresses confirmed by the parties listed below, pursuant t0 California Code 0f Civil Procedure section 1010.6, subdivision (c)(l), allowing for electronic service of a notice 0r document that may be served by File & ServeXpress, mail, express mail, overnight delivery, or facsimile transmission. I confirmed and served pursuant t0 California Rules 0f Court, Appendix I, Emergency Rule Related t0 COVID-19, Emergency Rule 12. Electronic service, a true copy, with all exhibits (if any), electronically on those designated below. I declare under penalty of perjury under the laws 0f the State 0f California that the above is true and correct. Executed 0n September 15, 2021, in San Francisco, California. QWXMM/ Carmeniawson COVID-19 EMERGENCY EMAIL CONTACT - emergencvcontacts@lorberlaw.com LGP SF is open for business and my team is working remote through the end of the business day 0n May 1, 2020 as ordered by the City and County 0f San Francisco t0 help protect our employees, clients and our communities from the novel coronavirus (COVID-19). During this period, our legal teams and staff will be answering calls, voicemail, and email, and will conduct all business by telephone, video conference, email 0r other electronic means. All counsel should serve all pleadings and responsive documents 0n our office Via email t0 the attorney 0f record on your file With a copy t0 SF Secretaries@lorberlaw.com. We appreciate your patience until we are able t0 resume full and normal operations 0f all 0f our offices. 1 PROOF OF SERVICE Telenhone (41,5\ 986-0688 / Facsimile (415\ 986-1172 LORBER, GREENFIELD & POLITO, LLP 142 Sansome Street Third Floor San Francisco California 941 04 .p flak)! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Re: Dung D. Dang and Lan Anh Nguyen V. SJ. Amoroso Construction C0., Inc. Court: Superior Court of California County of Santa Clara Case N0: 20CV-361 155 SERVICE LIST John C. Stein, Esq. THE BROCCARDO LAW FIRM INC. 111 W. St. John Street, Suite 400 San Jose, CA 951 13 Tel: 408-298-5678 / Fax: 408-298-7503 Email: istein@boccardo.com Attorneys for Plaintiff DUNG D. DANG AND LAN ANH NGUYEN David V. Roth, Esq. Elise Dvorochkin, Esq. MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP One California Street, Suite 900 San Francisco, CA 941 11 Tel: 415-217-6990 / Fax: 415-217-6999 dvr(a3manningllp.com egd@manningllp.com lce@manningllp.com dln@manningllp.com Attorneys for Defendant/Cross- Complainant S.J. AMOROSO CONSTRUCTION CO., INC. William H. Gavin, Esq. MEDIATION/ARBITRATION SERVICE 1535 Emory Street San Jose, CA 95 126 Tel: 408-568-8813 Email: gavin@gclitigation.com MEDIATOR D Sent t0 Mediator when checked. 2 PROOF OF SERVICE