Statement Case Management Conference

Cal. Super. - 6th Dist.November 23, 2020

ATTORNEY OR PARTY IMTHOUT ATTORNEY (Name. State Bar numaef end atkftessf Theodore R. Tang (313294) FRON1IER LAW CENTER 23901 Calabasas Road, Suite 2074 Calabasas, CA 91203 FOR COURT USE ONLY CM-110 TELEPHDNE No 818-914-3433 FAX No (Op(tonal( E MA(L ADDREss (op(anal( theodore@frontierlawcenter corn ATTORNEY FOR (Name( J DOE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA s~REE~ AooREss 191 N. First Street MAiuNOAooREss 191 N. First Street ctTYANDzlpcoDE San Jose 95113 BRANcH NAME Downtown Superior Court PLAINTIFF/PETITIONER J Doe DEFENDANT/RESPONDENT: Roku, Inc., et al. CASE MANAGEMENT STATEMENT (Checkone)( ~a UNLIMITED CASE ~ LIMITEDCASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: CASE NUMBER 20CV373940 Date: April 6, 2021 Time: 2 30 pm Dept.: 6 Div: Room: Address of court (if different from the address above): ~x Notice of Intent to Appear by Telephone, by (name)( Theodore Tang INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a ~a This statement is submitted by party (name): J Doe b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint ((o be answered by plain(lffs and cross-complalnanls only) a. The complaint was filed on (dale): b. ~ The cross-complaint, if any, was filed on (dale). 3. Service (lo be answered by plaintiffs and cross-complainan(s 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 ln the complaint or cross-complaint (1) ~ have not been served (specify names and explain why nol): (2) ~ have been served but have not appeared and have not been dismissed (speoly names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which they may be served): 4. Description of case a. Type of case in ~x complaint ~ cross-complaint (Descnbe, including causes of action): This is a FERA discrimination and retaliation employment case involving a mental disability Causes of action include Disability Discrimination, Failure to engage in interactive process, failure to accommodate, retaliation, wrongful termination, and intentional and negligent infliction of emotional distress Page 1 of 0 Form Adopted for Mandatory Use Judlual Counul of Celdomis CM-110 (Rau July 1, 2011I CASE MANAGEMENT STATEMENT Cal Rules of Court,rules 3 720-3 T30 www oouds oe go Y Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/23/2021 4:31 PM Reviewed By: System System Case #20CV373940 Envelope: 6095174 20CV373940 Santa Clara - Civil System System PLAINTIFF/PETITIONER: J Doe DEFENDANT/RESPONDENT: Roku, Inc., st al. CASE NUMBER 20CV373940 CM-110 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 alleges that their employer, Roku, Inc. and their supervisor, Long-Ji Lin, knew of Plaintiffs mental disability, harassed and intimidated them as a result, failed to provide the agreed upon reasonable accommodation, failed to engage in the interactive process, and ultimately terminated Plaintiff. Plaintiff seeks economic, general, and punitive damages, interest, injunctive relief, attorney fees, and costs.~ (If more spaceis needed, check this box and attach a page designated as Attachment 4b j Jury or nonjury trial a. The party or parties request ~x a jury trial requesting ajury trialj: ~ a nonjury trial. (I(more than one party, prowde the name ofeach party 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and Trial date a. ~ The trial has been setfor (date): b. ~x No trial date has been set. This case will be ready for trial within 12 months of the date of the fihng of the complaint (if not, explain): Due to delays related to COVID and the complexity of the case, the Parties estimate to be ready for trial by May 2022 c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability). 8. 9. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number): 10 b ~ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial ~x by the attorney or party usted in the caption a Attorney. Howard Magee b. Firm: Diversity Law Group c. Address: 515 South Figueroa Street, Suite 1250, Los Angeles, CA 90071 d. Telephone number 213-488-6555 f. Fax number: 233-488-6554 e. E-mail address: hmagee@diversitylaw.corn g. Party represented; J Doe~ Additional representation is described in Attachment 8. Preference~ This case is entitled to preference (sperxfy code section): ~x by the following. 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 ~x has ~ has not provided the ADR information package identified in rule 3.221 to the chant 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. b. 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 1141.11 or to avil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory hmit. (2)~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount spemfied in Code of Civil Procedure section 1141.11. (3)~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from avil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rey July 1, 2011] CASE MANAGEMENT STATEMENT 9&9& 2 ere PLAINTIFF/PETITIONER: J Doe DEFENDANT/RESPONDENT: Rcku, Inc., et al. CASE NUMBER 20CV373940 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 a/I that apply and provide the specified informahon): (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 (atfach a copy of the parties'DR stipulation): ~ Mediation session not yet scheduled~ Mediation session scheduled for (date):~ Agreed to complete mediation by (dale): ~x Mediation completed on (dafe): Oct 21, 2020 (2) Settlement conference ~ Settlement conference not yet scheduled~ Settlement conference scheduled for (dafe):~ Agreed to complete settlement conference by (date):~ Settlement conference completed on (date): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled~ Neutral evaluation scheduled for (dais)~ Agreed to complete neutral evaluation by (dafe).~ Neutral evaluation completed on (dafe). (4) Nonbinding judicial arbitration ~ Judicial arbitration not yet scheduled~ Judicial arbitration scheduled for (date):~ Agreed to complete judimal arbitration by (dafe)~ Judicial arbitration completed on (dafe): (5) Binding private arbitration ~ Pnvate arbitration not yet scheduled~ Private arbitration scheduled for (date).~ Agreed to complete private arbitration by (dafe):~ Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (dafe):~ ADR completed on (dafe). CM-110 [Rev 6vlf 1, 201 1] CASE MANAGEMENT STATEMENT Page 6 of 6 PLAINTIFF/PETITIONER: J Doe DEFENDANT/RESPONDENT: Roku, Inc., et sl CASE NUMBER 20CV373940 CM-110 11. Insurance a ~ Insurance earner, if any, for party fihng this statement (name) b. Reservation ofnghts: ~ Yes ~ No c. ~ 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.~ Bankruptcy ~ Other (specify): Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (I) Name of case: (2) Nameofcourb (3) Case number: (4) Status:~ Additional cases are descnbed 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, sevenng, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions ~x The party or parties expect to file the following motions before trial (specify moving party, type of motion, andissues): Plaintiff has filed a motion to proceed via Pseudonym. Defendant has indicated in meet and confer efforts that it intends to file a demurrer upon receiving service of Plaintiffs anticipated amended complaint. 16. Discovery a ~ The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe ali anticipated discovery): Date Plaintiff Plaintiff Written Discovery Depositions December 2021 December 2021 c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IReu July 1, 2011I CASE MANAGEMENT STATEMENT pago a of II DocuSign Envelope ID: AD6BF71C-3059-4B59-9557-571DEDE76688 PLAINTIFF/PETITIONER: J Doe DEFENDANT/RESPONDENT: Roku, Inc., et al. CASE NUMBER 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 evil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain spewfically why economic litigation procedures relating fo discovery or trial should nof apply fo this case): 18. Other issues ~x The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Plaintiff has filed a motion to proceed under a pseudonym as directed by the court at the hearing for preliminary iniunction, however has been unable to obtain a hearing date for the motion. Plaintiff requests the court set a date for the hearing on the motion at the Case Management Conference if one is not set before. 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 nol, 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): I am completely famifiar 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 wntten authonty of the party where required. Date: Muyy h GR '&no1 Theodore. R. Tang (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Rev July I, 2011] CASE MANAGEMENT STATEMENT yeseeeie e4)t@it'twct(rajj ls Form button aftsryou have printed the form. (&Print this foi'm ( ~ Save this form ( ~@jeer 't~sorm PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to this action. My business address is Frontier Law Center, 23901 Calabasas Rd., Suite 2074, Calabasas, CA 91302. My email address is heather@frontierlawcenter.corn. On March 23, 2021 I served the following document(s) on the interested parties in this action listed below in the manner(s) indicated: Case Management Statement Person(s) Served: See Service List attached 9 10 11 (BY U.S. MAIL - CCP ) 1013a(1)) I am familiar with the business practice for Frontier Law Center for collection and processing of correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 12 13 14 16 17 18 (BY MESSENGER SERVICE - CCP $ 1011) I consigned the document(s) to an authorized courier and/or process server for hand delivery on this date. XX ((BY ELECTRONIC MAIL - CCP $ 1010.6(a)(4)(A)) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused such documents described herein to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 19 20 EXECUTED at Calabasas, California on March 23, 2021 21 22 23 /s/ Reathsv 5CrtcP Pte Heather Bourne Paralegal 24 25 26 27 28 PROOF OF SERVICE Gregory Tenhoff Joshua Elefant COOLEY, LLP. 3175 Hanover Street Palo Alto, CA 94304-1130 tenhoffgcgcootey.corn lelefant coolev.corn SERVICE LIST A ttorneysfor Defendant Roku, Inc. Accepting Service on behalfof Defendant Long-Ji Lin 10 Howard Magee Linda Lee DIVERSITY LAW GROUP, A P.C. 515 South Figueroa Street, Suite 1250 Los Angeles, California 90071 hmagee@diversitytaw.corn lindagdiversitytaw.corn Co- Counselfor Plaintiff, I Doe. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE