Statement Case Management Conference

Cal. Super. - 6th Dist.November 5, 2020

200V3731 38 Santa Clara - Civil WeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Marc R. Lewis (SBN 233306); Daniel Jordan (SBN 313543) Electronicany Filed LEWIS & LLEWELLYN LLP by superior court of CA, 601 Montgomery Street, Suite 2000, San Francisco, CA 941 11 county of Santa Clara, TELEPHONE No.: (415) 800-0591 FAX No. (Optional): (415) 390-2127 on 3/1 [2021 1:01 PM E-MAILADDRESS(0ptionaI): mlewis@lewisllewellyn.com; djordan@lewisllewellyn.com Reviewed By; System System ATTORNEYFOR(Name)= Defendant Apple Inc. case #20cv3731 33 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 5935491 STREETADDRESS: 191 North First Street MAILING ADDRESS: CITYAND ZIP CODE: San Jose, CA 951 13 BRANCH NAME Downtown Superior Courthouse PLAINTIFF/PETITIONER: ENVIRODIGM, INC. DEFENDANT/RESPONDENT: APPLE INC. CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): UNLIMITED CASE E LIMITED CASE 200V3731 38 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 16, 2021 Time: 1:30 PM Dept: 2 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Daniel Jordan for Defendant Apple Inc. 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): Defendant Apple 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. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E A|| 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_se a- Type 0f case In complaint E cross-complaint (Describe, including causes of action): Complaint alleges: 1) Breach of Contract; 2) Unjust Enrichment; 3) Violation of Unfair Competition Law; 4) Violation of Uniform Trade Secrets Act; 5) Fraud; 6) Breach of Implied Covenant of Good Faith and Fair Dealing Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3130 CM-1 1o [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: ENVIRODIGM, INC. CASENUMBER:- 20CV3731 38 DEFENDANT/RESPONDENT: APPLE INC. 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) Plaintiff alleges Apple misappropriated Plaintiff's alleged confidential processing method in violation of a non-disclosure agreement. Plaintiff seeks a reasonable royalty, disgorgement, injunctive relief, declaratory relief, pre- and post-judgment interest, and attorneys' fees and costs. E (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 a jury trial E a nonjury trial. (If more 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 will be ready for trial within 12 months ofthe date ofthe filing of the complaint (if not, explain): Apple respectfully requests that trial be set at least 12 months from the date when pleadings are set. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): August 3, 2021-September 7, 2021(trial); September 13, 2021-October 4, 2021(trial); December 15, 2021-January 15, 2022(travel); January 24, 2022-February 7, 2022(trial); March 14, 2022-March 28, 2022(trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 court days b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m 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 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 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-“O [ReV-Ju'y 1120111 CASE MANAGEMENT STATEMENT ”962°” CM-110 _ PLAINTIFF/PETITIONER: ENVIRODIGMJNC. DEFENDANT/RESPONDENT: APPLE |NC_ CASE NUMBER: ZOCV3731 38 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 parties'ADR stipulation): (1) Mediation 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 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 DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM;11_Q PLAINTIFF/PETITIONER: ENVIRODIGM, INC. CASE NUMBER ZOCV3731 38 DEFENDANT/RESPONDENT: APPLEINC. 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E 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. Bifu rcation 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): Apple intends to move for an order bifurcating liability and damages. 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Apple filed a demurrer and may file successive demurrers. Apple anticipates filing dispositive motions, including for summaryjudgment, motions in limine, and other motions, such as a Civ. Proc. Code § 2019.210 motion. 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): Party Description Date Apple Written Discovery see § 16(0) below Apple Depositions see § 16(0) below Apple Third Party Discovery see § 16(c) below Apple Expert Discovery see § 16(0) below c_ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The type and timing of discovery will largely depend on what issues remain after the resolution of Apple's pending demurrer. To the extent Plaintiff's trade secret cause of action remains, Apple anticipates filing a motion for a more particular identification of its trade secret information before discovery commences pursuant to Civ. Proc. Code § 2019.210. CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: ENVIRODIGM, INC. CASE NUMBER: ZOCV3731 38 DEFENDANT/RESPONDENT: APPLEINC. 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): 0 | 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: March 1, 2021 Daniel Jordan ’ D... (TYPE OR PRINT NAME) f (SIGNATUR F PARTY OR A'I'I'ORNEY) MarcR-Lewis (TYPE OR PRINT NAME) (SIGNATURE O TY OR AT )E Additional signatures are attached. CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 50f 5