Statement Case Management Conference

Cal. Super. - 6th Dist.December 7, 2020

\OOOflQUI-RUJNH NNNNNNNNNHr-Ar-tr-tr-‘r-‘r-‘r-‘r-AH OOQO‘xUl-hUJNb-‘OKOOOQONUI-RUJNF-‘O ZOCV37391 6 Santa Clara - Civil Fred W. Schwinn (SBN 225575) fred.schwinn@sjconsumerlaw.com Raeon R. Roulston (SBN 255622) raeon.roulston@sjconsumerlaw.com Matthew C. Salmonsen (SBN 302854) matthew.salmonsen@sjconsumerlaw.com CONSUMER LAW CENTER, INC. 1435 K011 Circle, Suite 104 San Jose, California 95 1 12-4610 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Attorneys for Plaintiff DAVID CHAI Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/12/2021 12:00 AM Reviewed By: R. Fleming Case #20CV37391 6 Envelope: 7649690 Timothy P. Johnson (SBN 66333) tj0hnson@bn-lawyers.com BARRON & NEWBURGER, P.C. 1970 Old Tustin Avenue, Second Floor Santa Ana, California 92705 Telephone Number: (714) 832-1 170 Facsimile Number: (714) 832-1 179 Attorneys for Defendants VELOCITY INVESTMENTS, LLC, and VELOCITY PORTFOLIO GROUP, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA DAVID CHAI, individually and 0n behalf 0f all others similarly situated, V. VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., COUNTY OF SANTA CLARA Plaintiff, a Delaware corporation; and DOES 1 through 10, inclusive, Defendants. 1. INTRODUCTION Plaintiff, DAVID CHAI, and Defendants, VELOCITY INVESTMENTS, LLC and VELOCITY PORTFOLIO GROUP, INC., hereby submit this Joint Case Management Statement for the November Hearing Location: Case No. 20CV3739 1 6 (Unlimited Civil Case) Assigned for A11 Purposes to The Honorable Patricia M. Lucas JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT Hearing Date: November 17, 2021 Hearing Time: 2:30 p.m. Hearing Dept: 3 191 North First Street San Jose, California R. Fle -1- JOINT CASE MANAGEMENT CONFERENCE STATEMENT Case No. 20CV373916 ming \OOOflQUI-RUJNH NNNNNNNNNHr-Ar-tr-tr-‘r-‘r-‘r-‘r-AH OOQO‘xUl-hUJNb-‘OKOOOQONUI-RUJNF-‘O 17, 2021 Further Case Management Conference. 2. RELEVANT PROCEDURAL HISTORY On March 24, 2021, the parties attended the initial Case Management Conference. At the CMC, the Court lifted the discovery stay. On June 14, 2021, the parties entered into a Stipulated Protective Order. 3. DISCOVERY TO DATE a. Plaintiff’s Statement Plaintiff served written discovery on Defendants 0n March 29, 2021. On June 8, 2021, Defendants served their responses thereto. The parties have been engaged in informal meet and confer talks about Defendants’ discovery responses since June. On 0r about October 25, 2021, Defendants served second supplemental responses, as well as objections only to Plaintiff’s Set Two discovery requests. Plaintiff has sent meet and confer communications since receiving these responses and is hopeful that the parties can informally resolve any discovery disputes. However, some 0f the discovery disputes may require an IDC With the Court and possibly motion practice. Once written discovery is complete, Plaintiff anticipates conducting the deposition of Defendants’ PMK witness(es). b. Defendants’ Statement Defendants concur With Plaintiff’ s statement. 4. OTHER ISSUES a. Plaintiff’s Statement Although there are ongoing disputes regarding discovery, Plaintiff is prepared to file and serve a Motion for Class Certification based 0n Defendants’ statement that the putative class encompasses 602 individuals and will request a hearing date at the Case Management Conference. _ 2 _ JOINT CASE MANAGEMENT CONFERENCE STATEMENT Case No. 20CV373916 La) \DOON-IONkhg 10 ll l2 l3 l4 15‘ l7 18 l9 20 21- 22 23 24 " 25 26 27 28 b. Defendants’ Statement Defendants believe the Motion for Class Certification is notjustified since Defendants have a negative net worth as will be further discussed in response t0 the motion. Respectfully submitted, CONSUMER LAW CENTER, INC. Dated: Ngvember IO, 202i By: ls/ Matthew C. Salmgnsen U Fred W. Schwinn (SBN 225575) D Raeon R. Roulston (SBN 255622) EMatthew C. Salmonsen (SBN 302854) Attorneys for Plaintiff DAVID CHAI BARRON & NEWBU P.C. G? P. J 1130an 66333) Dated: November J b 2021 Attorneys for Defendants VELOCITY INVESTMENTS. LLC and VELOCITY PORTFOLIO GROUP, fNC. .1-J- JOINT CASE MANAGEMENT CONFERENCE STATEMENT Case No. 20CV3 7391 6