Statement Case Management ConferenceCal. Super. - 6th Dist.November 20, 2020200V373869 Santa Clara - Civil QMmstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): DAVID M. MARCHIANO (Bar # 264809) F°R“U” ”SE °”” BROWN GEE & WENGER LLP Electronically Filed 200 Pringle Avenue Suite #400 b Su erior Court of CA Walnut Creek, CA 94596 y p ’ County of Santa Clara, TELEPHONEN0: 925-943-5000 FAX N0.(optionao.- 925-933-2100 on 8/3/2021 10:47 AM E-MAIL ADDRESS (Optional): dmarchiano@bgwcounsel.com Reviewed By: System System ATTORNEY FOR (Name): Defendant Mahmoud Alaeddin case #Zocv373869 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelope. 6983521 STREET ADDRESS: 191 North First Street I MAILING ADDRESS: CITY AND ZIP CODE: San Jose, California 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: KIMBERLY DOE DEFENDANT/RESPONDENT: BBVA USA, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: ZOCV373869 (Check one): E UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August24, 2021 Time: 10:00 Dept: 19 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): David M. Marchiano INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Defendant Mahmoud Alaeddin 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 case a. Type of case in E complaint E cross-complaint (Describe, including causes of action): Plaintiff alleges the following COA: (1) Sexual Harassment, (2) Retaliation, (3) Wrongful Termination, (4) Breach ofthe Covenant of Good Faith and Fair Dealings, and (5) Battery. Plaintiff dismissed her IIED COA. Page 1 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEM ENT ClejieFiuslégzfigc-gusrg Judicial Council of California CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: KIMBERLY DOE CASE NUMBER: DEFENDANT/RESPONDENT: BBVA USA, et al. 200V373869 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.) In this alleged sexual harassment case, Defendant Mahmoud Alaeddin denies all of Plaintiff's claims and contends that Plaintiff voluntarily resigned from her employment at BBVA. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties requestE 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 of the date of the filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 11/1/2021-1 1/12/2021 Trial; 12/21/2021-1/2/2022 Vacation; 1/26/2022 Mediation 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 5-7 b- E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will 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-mailaddress: g. Partyrepresented: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 self-represented parties: Party E 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 1141.11. (3)E 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 exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT ”992°” CM-110 PLAINTIFF/PETITIONER: KIMBERLY DOE CASE NUMBER: DEFENDANT/RESPONDENT: BBVA USA, et al. 200V373869 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 If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (1) Mediation E Settlement conference not yet scheduled (2) Settlement E E Settlement conference scheduled for(date):conference E Agreed to complete settlement conference by(date):E Settlement conference completed on(date): E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date): 3 N t | | t' I I( ) eu ra eva ua Ion E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbindingjudicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduledE ADR session scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): E CM-11o [Rev. July 1, 2011] Page 3 of5CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: KIMBERLY DOE CASE NUMBER: DEFENDANT/RESPONDENT: BBVA USA, et al. 200V373869 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. BifurcationE 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): Potential Motion for Summary Judgment. 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 Defendant Alaeddin Written Discovery March 2022 Defendant Alaeddin Depositions March 2022 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendants seek Plaintiff's medical records relevant to her claims. Plaintiff claims that she does not have to disclose any records her because her claim for emotional distress is "garden variety." The parties have an informal discovery conference on August 13, 2021 with Judge Kirwan to address this issue and several other discovery issues. CW”WW 1’ 20“] CASE MANAGEMENT STATEMENT P39°4°f5 CM-110 PLAINTIFF/PETITIONER: KIMBERLY DOE CASE NUMBER: 200V373869DEFENDANT/RESPONDENT: BBVA USA, et al. 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 wi|| 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. E 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): The undersigned counsel has conferred with the other attorneys on items that are most salient now and that wi|| help the parties and the Court manage the case to an expeditious resolution. b. E 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 will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and wi|| 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: August 3, 2021 David M. Marchiano (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) E Additional signatures are attached. (SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAME) Page 5 of 5CM'“°[ReV'J”'Y1' 2“” CASE MANAGEMENT STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed in the County 0f Contra Costa, State 0f California. I am over the age 0f 18 years, and not a party to the Within action. My business address is: 200 Pringle Avenue, Suite 400, Walnut Creek, California. On the date set forth below I served the foregoing document described as: CASE MANAGEMENT CONFERENCE STATEMENT on the parties or attorneys for parties in this action Who are identified below, using the following means of service. Todd K. Davis Attorneys for PlaintiffKIMBERLY DOE FARLING, HECHT & DAVIS, LLP T: 408-295-6100 96 North Third Street, Suite 660 F: 408.299.0396 San Jose CA 951 12 todd@fhdllp_.com Maryben Stover marvben@farlinghechtanddavis.com Jordan R. Lordan Attorneys for Defendant BBVA USA Allison Cardenas, Partner T. 415.262.8566 Lewis Brisbois F. 415.434.0882 333 Bush Street, Suite 1100 Allison.cardenas@lewisbrisbois.com San Francisco CA 94104 Berenice Braragan Berenice.Banagan@lewisbrisbois.com Joe Lordan Joseph.Lordan@lewisbrisbois.com Melanie Massey Melanie.Massev@lewisbrisbois.com X BY ELECTRONIC TRANSMISSION. I caused a true and correct copy 0f the aforementioned document t0 be transmitted to each of the parties at the electronic notification address last given by said party 0n any document which he 0r she has filed in this action and served upon this office. Date of electronic transmission: August 3, 2021 Time: Before 5:00 pm. Originating electronic notification address: tpico@bgwcounse1.com Said electronic transmission was reported as complete and without error. X I declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. Executed on August 3, 2021, at Walnut Creek, California. LWQQ PROOF OF SERVICE
