Statement Case Management Conference

Cal. Super. - 6th Dist.August 13, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Mark R. Figueiredo, Esq. (SBN 178850) /Robin B. Ratner, Esq. (SBN 195778) STRUCTURE LAW GROUP, LLP 1754 Technology Drive, Suite 135 San Jose, CA 95110 FOR COURT USE ONLY CM-110 TELEPHoNE No.: (408) 441-7500 FAX NO. (Optional): (408) 441-7501 E-MAIL ADDREss (opt/«»): mrf@structurelaw.corn / rratner@structurelaw.corn A~~OR~E~ FOR (Name): DefendantS, CupertinO InternatiOnal FOOdS, InC., et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss: 191 North First Street MAILING ADDRESS: clTY AND zIP coDE: San Jose 951 1 3 BRANGH NAME: Downtown Superior Court (DTS) PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD DEFENDANT/RESPONDENT: CUPERTINO INTERNATIONAL FOODS, INC., et al. CASE IVIANAGEIVIENT STATEMENT (Check one): ~x UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 20CV369377 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 19, 2021 Time: 10:00 a.m. Dept.: 19 Address of court (if different from fhe address above): Div.: Room: ~x Notice of Intent to Appear by Telephone, by (name): Robin B. Ratner, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~x This statement is submitted by party (name): Cupertino International Foods, Inc., Rose International Market, Inc., Ali b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): August 13, 2020 b. ~ The cross-complaint, if any, was filed on (date); 3. Service (to be answered by plaintiffs and cross-complainants only) a. ~x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why nof): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nafure ofinvolvementin case, and date by which they may be served): 4. Description of case a. Type of case in ~x complaint ~ cross-complaint (Describe, including causes of action): Plaintiff alleges he was not provided meal and rest periods and that defendants failed to pay wages including overtime. Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3.730 www. courts. ca. gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/27/2021 3:55 PM Reviewed By: System System Case #20CV369377 Envelope: 7348358 20CV369377 Santa Clara - Civil System System PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD DEFENDANT/RESPONDENT; CUPERTINO INTERNATIONAL FOODS, INC., et al. CASE NUMBER: 20CV369377 CIVI-110 4. b. Provide a brief statement of the case, including any damages. (If personalinjury damages are sought, specify theinjury and damages claimed, including medical expenses to date [indicate source and amountj, estimated future medical expenses, losf earnings to date, and estimated future losf earnings. If equitable reliefis sought, describe the nature of the relief) Plaintiff alleges he was not provided meal and rest periods and that defendants failed to pay wages including overtime. ~ (If more spaceis needed, check this box and atfach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request ~x a jury trial ~ a nonjury trial. (Ifmore than one party, provide the name of each party requesting ajury trial): 6. Trial date a. ~ The trial has been set for (date): b. ~x 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): 12/1 5/2021-January 6th, 2022 -family holiday 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number): 5-7 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: g. Party representede. E-mail address:~ Additional representation is described in Attachment 8. 9. Preference~ 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 representedby counsel: Counsel ~x has ~ has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party ~ has ~ has not reviewed the ADR information package identified in rule 3.221. 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 114'l.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) ~ 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) ~x 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 exempfion): Complaint exceeds jurisdictional limits for court ordered arbitration CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 PLAINTIFF/PETITIONER; RASOUL KOHYARNEJADFARD DEFENDANT/RESPONDENT: CUPERTINO INTERNATIONAL FOODS, INC., et al. CASE NUMBER: 20CV369377 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): (1) Mediation 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 parties'ADR stipulation): ~ Mediation session not yet scheduled~ Mediation session scheduled for (date):~ 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 arbitration ~ Private arbitration not yet scheduled~ Private arbitration scheduled for (date):~ Agreed to complete private arbitration by (date):~ Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (date):~ ADR completed on (date}: CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD DEFENDANT/RESPONDENT: CUPERTINO INTERNATIONAL FOODS, INC., et al. CASE NUMBER: 20CV369377 CII-110 'I 'I. Insurance~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain): 'I 2. 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 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. ~ A motion to ~ 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 action (specify moving party, type of motion, and reasons): 15. Other motions ~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe all anticipated discovery): ~Part Defendants Defendants ~Descri tion Discovery Depositions Per code Per code Date c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE IVIANAGEIVIENT STATEIVIENT Page 4of 5 PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD DEFENDANT/RESPONDENT: CUPERTINO INTERNATIONAL FOODS, INC., et al. CASE NUMBER; 20CV369377 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 to discovery or trial should not apply to this case): 18. Other issues~ 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. ~x 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): Additional depositions are required. 20. Total number of pages attached (if any): 0 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: September 27, 2021 Robin B. Ratner, Esq. (TYP E OR P R INT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Rev. July 1, 2011] CASE IVIANAGEIVIENT STATEMENT Page 5 of 5