Statement Case Management Conference

Cal. Super. - 6th Dist.November 20, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/9/2021 3:14 PM Reviewed By: System System Case #20CV373869 Envelope: 5996570 20CV373869 Santa Clara - Civil System SystemCM-‘HO ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name. Slate Bar number, and address): TODD K. DAVIS (Bar # 169654) FARLING, HECHT & DAVIS LLP 96 North Third Street #660 San Jose, CA 951 12 TELEPHONE No.: (408) 295-61 00 FAX No. (Optional): (408) 299-03 95 E-MML ADDRESS (Optional): AWORNEY FORrName): KIMBERLY DOE, PLAINTIFF FOR COURTUSEONLY SUPERIOR COURT 0F CALIFORMA, COUNTY 0F SANTA CLARA STREETADDRESS: 191 North First Street MAILING ADDRESS: cnrv mun zip cone: San Jose, California 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: KIMBERLY DOE DEFENDANT/RESPONDENT: BBVA USA, an Alabama Corporation, et a1. CASE MANAGEMENT STATEMENT (Check one): EB UNLIMITEQ CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 zocv373 369 exceeds $25,000) or less) CASE NUMBER: A CASE MANAGEMENT CONFERENCE is scheduled as foilows: Date: March 30, 2021 Time: 3:45 p.m. Dept; 19 Address of court (if different from the address above): a Notice of Intent to Appear by Telephone, by (name): Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must he provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): KIMBERLY DOE b. E This statement is submitted jointly by parties (names): a. The complaint was fiEed on (date): November 20, 2020 b. D The cross-complaint, if any, was filed on (date): 3. Service ((0 be answered by plaintiffs and cross-compiainants only) Complaint and cross-complaint (to be answared by plaintiffs and cross-complainants only) a. [:3 Ail 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 not): Complaint is out for service upon Mahmoud Alaeddin. (2) m have been sewed but have not appeared and have not been dismissed (specify names): (3) a have had a default entered against them (specify names): c. E] The following additional parties may be added (specify names, nature of involvementin case, and date by which (hey may be served): 4. Description of case a- Type 0f case in complaint D cross-complaint (Describe, including causes of action): _ Complaint for Damages ~- Sexual Harassment, Wrongful Termination, Breach of Good Falth, Intentional Infliction of Emotional Distress and Battery Page 1 of 6 Fem Adoptewormmww Use CASE MANAGEMENT STATEMENT cgiguggz‘gggugg Judicial Councii ol Cah'fomla CM-110 |Rev. July 1, 2011] www.courts.ca.gov LexisNexis® Azttamaled California Judicial Council Forms CM-‘110 _ PLAtNTkFr-“IPETITIONER: KIMBERLY DOE CASENUMBER: DEFENDANTIRESF’ONDENT: BBVA USA, an Alabama Corporation, et al. 20CV373869 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 reliefis sought, describe the nature of the relief.) Plaintiff was sexually harassed by defendant Mahmoud Alaeddin, who was the branch manager 0fthe BBVA Bank where the plaintiff was employed. Plaintiffwas constructively terminated by BBVA after she was unable to perform her job while working directly under defendant Alaeddin. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The pany or parties request a jury trial [:j a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury tn’ai): 6. Trial date a. C3 The trial has been set for (date): b. No trial date has been set. This case wili be ready for trial within 12 months of the date 0f the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be availabie for trial (specify dates and explain reasons for unavailability): 7. Estimated tength of trial The party or parties estimate that the trial will take (check one): a. E days (sperm? number): b. E hours (short causes) (specify): 8. Trial representation (f0 be answered for each pan‘y) The pany or parties will be represented afi trial D by the attorney or party listed in the caption E] by the foi|owing: a. Attorney: b. Firm: c_ Address: d. Teiephone number: f. Fax number: e. E-mailaddress: g. Partyrepresented: E: Additional representation is described in Attachment 8‘ 9. PreferenceD 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 t0 the cHent and reviewed ADR options with the client (2) For seif~represented parties: Pany 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) [:3 This matter is suta'ect to mandatory judicial arbitration under Code 0f Civil Procedure section 1141 .11 or to civil action mediation under ode 0f 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 t0 the amount specified in Code of Civil Procedure section 1141.1 1. (3) E This case is exempt from judicial arbitration under rule 38H of the California Rules of Counor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-HOIRWJW 1v 2°“? CASE MANAGEMENT STATEMENT ”39°20” l.e.\'r‘.vNexis® Amommad CalU‘oI'nm Judicial Council Forms CM-11O PLAINTIFF/PETITIONER: KIMBERLY DOE DEFENDANTRESPONDENT: BBVA USA, an Aiabama Comoration, et al. CASE NUMBER: 20CV373869 10. c. Indicate the ADR process or processes that the pany or parties are willing to participate in, have agreed to participate m, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are wiiling to participate in the following ADR processes (check all (hat appIy): If the party or parties completing this form in the case have agreed to participate in 0r have already completed an ADR process or processes, indicate ihe status of the processes (attach a copy ofthe pan‘ies' 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 Settiement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduied Neutral evaluation scheduled for (date): Agreed t0 comptete neutral evaluation by (date): Neutral evaluation completed 0n (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dafe): Agreed to comp1ete judicial arbitration by (date): Judicial arbitration completed on (dare): (5) Binding private Private arbitration not yet scheduied Private arbitration scheduied for (date): DUDE DUDE DUDE DUDE DUDE DUDE arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet schedufied D ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed 0n (date): CMA11O (Rev. July 1, 2011} Page 3 of 5 CASE MANAGEMENT STATEMENT Le.\'isNe,\‘fs® Aulomafled California Judicial Council Forms CM-‘HO PLAINTIFF/PETITIONER: KIMBERLY DOE CASE NUMBER: DEFENDANT/RESPONDENT: BBVA USA, an Aiabama Corporation, 61 a1. 20CV373869 11. Insurance a. [:3 Insurance carrier. if any, for party fliing this statement (name): b. Reservation of rights: E Yes [j No cl E3 Coverage issues wiEl significantiy 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. 0r related cases. (1) Name ofcase: (2) Name of court (3) Case number: (4) Status:D Additional cases are described in Attachment 13a. b, [:3 A motion to a consolidate C3 coordinate wilt be fiéed by (name pariy): 14‘ BifurcationE The party or parties intend to file a motion for an order bifurcating. severing. or coordinating the foléowing issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or panies expect to file the following motions before trial (specify moving party, type ofmotion, and issues): The usual in iimine motions and any other motions which may become necessary. 16. Discovery a, E The party 0r pames have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pa_rty Descr‘ggtion Daie Piaintiff Written Discovery Ongoing Plaintiff Dcpositions Ongoing Plaintiff Expert Discovery According t0 Code Plaintiff Trial Discovely According t0 Court Rules c, E The foliowing discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-“OW Ju'v 1: 20W CASE MANAGEMENT STATEMENT W40” LexisNexis® Amonmlea’ Calfomia Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: KIMBERLY DOE CASE NUMBER: DEFENDANT/RESPONDENTI BBVA USA, an Alabama Corporation, ct al. 20CV373869 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 0f Civil Procedure sections 90-98 win apply to this case‘ b.E This i5 a limited civii case and a motion l0 withdraw the case from the economic litigation procedures or for additional discovery will be filed {if checked, explain specifica/Iy why economic litigation procedures relating to discovely or rn'al should not appiy 2‘0 this case): 18. Other issues E: The pany or parties request thai the foliowing 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 ruie 3.724 ofthe California Rules of Court (ifnot, 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): l am completeiy familiar with this case and wilt be fully prepared to discuss the status of discovery and alternative dispute resolution. as well as other issues raised by this statement. and wilt 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 9, 2021 2 TODD K. DAVIS D‘ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR AfiORNEY)E Additional signatures are attached. CM»110[Rav.JuIy1,2011] CASE MANAGEMENT STATEMENT Pagefiofs LexisNexis® Aulomaled California Judicial Council Forms Doe v, BBVA USA, et al. Santa Clara County Case No; 2OCV373869 PROOF OF SERVICE BY ELECTRONIC MAIL (E-IVIAIL) ONLY l am a citizen 0f the United States. My business address is 96 North Third Street, Suite 660, San Jose, CA 951 12. | am employed in the County of Santa Clara, where this mailing occurs. | am over the age of 18 years, and not a party to the within cause. My electronic service address Es: maryben@fhd|ip.00m. | electronically served today the attached document(s) described as: CASE MANAGEMENT STATEMENT to the following addresses: BBVA USA Joseph R. Lordan, Esquire Allison L. Shrailow, Esquire Lewis Brisbois Bisgaard & Smith LLP 333 Bush Street #1100 San Francisco CA 94104-2872 41 5-362-2580 Fax: 41 5-434-0882 joseph.iordan@lewisbrisbois.com allison.shrallow@lewisbrisbois.com SERVICE BY ELECTRONIC TRANSMISSION ONLY: Service has been performed by e-mailing the document(s) to the persons at the e-mai! addresses listed above. During the Coronavirus (CovEd-19) pandemic, this office may be using electronic mail for service of documents. N0 electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 9. 2021, at San Jose, California. Marybefi Staver PROOF OF SERVKCE