Statement Case Management Conference

Cal. Super. - 6th Dist.April 1, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar numlm, and address(. Aanchal V. Sanghvi, Esq./S.B.N. 315053 Law Offices of Stephenson, Acquisto s Colman, Inc 303 N. Glenoaks Blvd., Suite 700 FOR COURT'SE ONLY CM-110 Burtiank, CA 91502 TELEPHONENO 818 - 559-4477 FAENO.(oprone(L 818 559 - 5484 E MAIL ADDREss(opto er( asanghvi8sacfirm. corn ATTORNEYFOR(Na i Plainti f f SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss. 191 N. 1st Street MAILING ADDRESS. cITYANDzIPDDDE San Jose, CA 95113 BRANCH NAME PLAINTIFF(PETITIONER:STANFORD HEALTH CARE DEFENDANT(RESPONDENT:COVENTRY HEALTH CARE, INC. CASE NUMBER 20CV365904 CASE MANAGEMENT STATEMENT (Check one): Wx UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:8/4/2020 Time:2:15 pm Dept.: 8 Address of court (if different from the address above)( Divr Room: ~x Notice of intent to Appear by Telephone, by (name)(Aanchal V. Sanghvi, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. t Party or parties (answer one)( a. ~x This statement is submitted by party (name):plainti f f, Stanford Health Care b. ~ This statement is submitted Jointly by parties (names): 2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-complsinanls only) a. The complaint was filed on (date): 4/1/2020 b. M The cross-complaint, if any, was filed on (date): 3. Service (lo be answered by plaintiffs and cross-complainants only) a. I I All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. Mx The following parties named in the complaint or cross-complaint (1) M have not been served (specffy names and explain why nol): (2) 1~x have been served but have not appeared and have not been dismissed (specify names): COVENTRY HEALTH CARE, INC., a Iflaryland corporation (3) M have had a default entered against them (specify names): c. M The following additional parties may be added (specify names, nature ofinvolvemenl in case, and date by which they may be served): 4. Description of case a. Type of case in Mx complaint M cross-complaint (Describe, including causes of action): Breach of Written Contract; Breach of Implied-In-Fact Contract; Quantum Meruit; and Common Counts-Good and Services Rendered Form Adopted fo Mandatory Use Judroal Counol ol California CM-110 IRe July I, 201 1I CASE MANAGEMENT STATEMENT Sofuuqns @Pus Page 1 of 3 Cal Rules of Court, rules 3.120-3 130 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/17/2020 3:06 PM Reviewed By: System System Case #20CV365904 Envelope: 4619238 20CV365904 Santa Clara - Civil System System PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT:COVENTRY HEALTH CARE, INC. CASE NUMBER 20CV365904 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 (Indicale source and amount), estimated future medical expenses, lost earnings to dale, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Plaintiff ptovtded medically necessary setvtces and supplies to insured of Defendant's health plan.. Upon completton of treatment, dtschatge, and demand for said serv ces and suppites, Defendant failed to properly reimburse plaintiff. Defendant caused damages tn an amount to be proven at trial according to proof, but in no event less than $ 107,929.0$ . (If 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 H a jury trial ~x a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. ~ The trial has been set for (date): b. j x No trial date has been sst. 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 aee attached 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. I x 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 addressc g. Pany represented: Additional representation is described in Attachment 8. 9. Preference M This case is entitled to preference (specify code section): 10. 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 ~x has H 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 ~ has ~ has not reviewed the ADRinformation package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) L j 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) M 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. (spscify exemption): CM.1I0 IRa July 2, 201ii CASE MANAGEMENT STATEMENT Raga 2 oi 5 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: COVENTRY HEALTH CARE, INC. CASE NUMBER 20CV365904 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 ail thai apply and provide lhe specified information): The party or parties completing this form are willing to participate in the following ADR processes (check ail 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 ths status of the processes (attach a copy of the parties'DR stipulation): (1) Mediation Cx] ~x Mediation session not yet scheduled Mediation session scheduled for (dats): ~ Agreed to complete mediation by (dais):~ Mediation completed on (date): (2) Settlement conference Dx '~x Settlement conference not yet scheduled M Settlement conference scheduled for (daie): Agreed to complete settlement conference by (date)1 ~ 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 (dats): (4) Nonbinding judicial arbitration ~ Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dats): ~ Agreed to complete judicial arbitration by (dafe):~ Judicial arbitration completed on (dats): (5) Binding private arbitration C, Private arbitration not yet scheduled~ Private arbitration scheduled for (date): M Agreed to complete private arbitration by (date):~ Private arbitration completed on (dats): (6) Other (spsciiy): ~ ADR session not yet scheduled ADR session scheduled for (dats): ~ Agreed to complete ADR session by (date): ~l ADR completed on (dais): cM-110 IRe July 1, 3011 I CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER. STANFORD HEALTH CARE DEFENDANT/RESPONDENT: COVENTRY HEALTH CARE 4 I NC CASE NUMBER 20CV365904 CM-110 11. Insurance a. '~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights; W 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 LJ Other (specify): 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. j A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation M The party or parties intend to file a motion for an order bifurcating, sevenng, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions M The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issuesj: (describe a/I anticipated discovery): Date Pursuant to C.C.P. Code Form Interrogatories; Special Interrogatories Request for Admission; Request for Production of Documents Pursuant to C.C.P. Code Plaintiff 16. Discovery a. M The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified Par(Y Descriotion Plaintiff Plaintiff Deposition Pursuant to C.C.P. Code c. M The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify). CM-110 IReu July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: COVENTRY HEALTH CARE, INC . CASE NUMBER 20CV365904 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 litigation 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 fo discovery or trial should nol apply to this case): 18. Other issues M 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): 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 16, 2020 Aanchal V. Sanahvi, Esa. (TYPE OR PRINT NAME) (SIGNATURE 4+FARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 (Reu July I, 2011( CASE MANAGEINENT STATEMENT Page 5 et 5 tSHORT TITLE STANFORD HEALTH CARE VS COVENTRY HEALTH caseeuueERCARE, INC. 20CV365904 ¹6c 3 8/10/20-8/14/20 Arbi 8/31/20-9/4/20 Arbi 9/8/2020 Trial; 9/28/20-10/2/20 4 Arbi 10/12/20-10/16/20 Arbi 10/13/20-10/15/20 Arbi 11/2/20-11/6/20 Arbi 5 11/20/20 Arbi 11/23/20-11/27/20 Trial; 12/7/20-12/11/20 Arbi 12/14/20- 6 12/18/20 Arb; 2/1/21-2/5/21 Arbi 2/8/21-2/12/21 Arbi 2/22/21-2/26/21 Arbi 7 4/26/21-4/30/21 Arbi 5/27/21-5/28/21 Arbi 6/4/21-6/8/21 Trial; 7/19/21- 8 7/23/21 Arbi 12/6/21-12/10/21 Arbi 2/22/22-2/25/22 Arbi 4/4/22-4/8/22 Arb 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Required for verified pleedingj The items on this page stated on information and bebef (specify ilem numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with this court. Page 6 Form Approved by the Judtcial Coundl of Catifomre MC-020 iNew January 1, 19071 Opional Form ADDITIONAL PAGE Attach to Judicial Council Form or Other Court Paper SOIuuboOODDS. cnc 20t, 901 fat. PluS PROOF OF SERVICE I am employed in the county ofLos Angeles, State of California. 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 17 July 2020, I served the foregoing document(s) entitled: CASE MANAGEMENT STATEMENT 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 28 [ ] 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 ofExpress 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). [ X ] 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 ofperjury under the laws of the State of California that the above is true and correct. Executed on 17 July 2020 in Burbank, California. 10 AIDA GRIGORIAN 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 SERVICE LIST RAINES FELDMAN LLP Richard J. Decker, Esq. Mare Berkemeier, Esq. Sean O'Neal, Esq. 1800 Avenue of the Stars, 12~ Floor Los Angeles, CA 90067 Email: rdecker&raineslaw.corn mberkemeier&raineslaw.corn soneal(kraineslaw.corn 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27