Statement Case Management Conference

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

ZOCV373940 Santa Clara - Civil mmmstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY groegErEyYTfEEoff (154553) / Helen Luu (300759) / Joshua Elefant (312913) Electronically Filed 3175 Hanover Street by SUperior court Of CA! Palo Alto, CA 94304 County 0f Santa Clara, TELEPHONE No: (650) 843-5000 FAX No.(0ptional):(650) 849-7400 0n 3,22,2021 2:42 PM E-MAIL ADDRESS(0ptiona/)z Reviewed By: system system ATTORNEY Fomwame); Defendants Roku, Inc. and Long-Ji Lin case #20cv37394o SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 6083877 STREET ADDRESS: 191 N. 15‘ St. MAILING ADDRESS: CITY AND ZIP CODE; San Jose, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: J Doe DEFENDANT/RESPONDENT: Roku, Inc. and Long-Ji Lin CASE MANAGEMENT STATEMENT gfiEgUMgEfigm (Check one): g UNLIMITED CASE D LIMITED CASE ' ' (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 6, 2021 Time: 1:30 p.m. Dept: 2 Div.: Room: Address of court (if different from the address above): X Notice of Intent to Appear by Telephone, by (name): Helen Luu 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): Defendants Roku, Inc. and Long-Ji Lin b. D 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): November 23, 2020 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 X complaint D cross-complaint (Describe, including causes of action): Alleged disability discrimination, failure to engage in the interactive process; failure to accommodate, retaliation in violation of FEHA, Wrongful termination, IIED, and NIED. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3120-3130 CM-1 10 [Rev. July 1, 2011] 247731 747 v1 CM-110 PLAINTIFF/PETITIONER: J Doe CASE NUMBER:_ 20-CV-373940 DEFENDANT/RESPONDENT: Roku, Inc. and Long-Ji Lin 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 the following violations of the FEHA - disability discrimination, failure to engage in interactive process, failure to accommodate, and retaliation. Plaintiff also alleges wrongful termination, intentional infliction of emotional distress, and negligent infliction of emotional distress. Damages claimed are general, statutory, compensatory, and punitive. Plaintiff also seeks pre-judgment interest, reasonable attorneys’ fees, and other equitable relief. Defendants denies Plaintiffs allegations. D (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 D a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been setfor (date): b. E No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): Given that the hearing for Plaintiff's motion to continue as "J Doe" is not yet scheduled until April 29, 2021, Defendants believe that this case will not be ready for trial until August 2022. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): February/March 2022 - planned trial in another matter 7. Estimated length of trial The party 0r parties estimate that the trial wi|| take (check one): a. E days (specify number): 10 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Partyrepresented: D Additional representation is described in Attachment 8. 9. Preference D 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 E has D 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial 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) D 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) D 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,JuIy1,2011] CASE MANAGEMENT STATEMENT Page20f5 24773 1 747 V1 WWW. .. CM-110 PLAINTIFF/PETITIONER: J Doe D-EFENDANT/RESPONDENT: Roku, Inc. and Long-Ji Lin CASE NUMBER: 20-CV-373940 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): October 21, 2020 (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 arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DDDDDDDDDDDDDDDDDDDDDDDD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 10 [Rev. July 1, 201 1] 247731 747 v1 CASE MANAGEMENT STATEMENT Pages ofs mall CM-110 PLAINTIFF/PETITIONER: J Doe CASE NUMBER:- . . 20-CV-373940 DEFENDANT/RESPONDENT: Roku, Inc. and Long-JI LIn 11. Insurance a. X Insurance carrier, if any, for party filing this statement (name): CNA Insurance b. Reservation of rights: E Yes D No c. D Coverage issues wi|| 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate wi|| be filed by (name party): 1 4. Bifurcation D 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 E The patty or panies expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff's Motion to Continue Action as "J Doe"; Defendants Demurrer; Motions for Summary Judgment/Adjudication; Motions in Limine; Discovery Motions (if needed) 16. Discovery a. D The party or parties have completed all discovery. b X The following discovery wi|| be completed by the date specified (describe all anticipated discovery): Pa_rty Description % Defenddant Roku, Inc. Depositions January 2022 Defendant Roku, Inc. Written Discovery January 2022 Defendant Roku, Inc. Third-Party Discovery January 2022 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“WReV- Ju'v 1-20111 CASE MANAGEMENT STATEMENT Paw“ 247731747 v1 mmwmm a‘ CM-110 _ CASE NUMBER:PLAINTIFF/PETITIONER. J Doe 20_CV_373940 -DEFENDANT/RESPONDENT: Roku, Inc. and Long-Ji Lin 17. Economic litigation a. D 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. D 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 issues D 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. 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 not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree 0n the following (specify): 20. Total number of pages attached (if any): 0 | 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 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 22, 2021 Helen Luu (300759) ’ MUN UM (TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0R ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“WReV- Ju'v 1-20111 CASE MANAGEMENT STATEMENT Pages“ 247731 747 v1 American LegalNeI, Inc.M ann§WgIkFlgwggm 1 PROOF OF SERVICE 2 I am a citizen of the United States and a resident 0f the State 0f California. I am employed 3 in Santa Clara County, State of California, in the office of a member of the bar 0f this Court, at 4 whose direction the service was made. I am over the age of 18 years and not a party t0 this action. 5 My business address is Cooley LLP, 3175 Hanover Street, Palo Alto, California 94304-1 130. My 6 e-mail address is 10dell@cooley.com. On March 22, 2021, I served the following documents 0n 7 the parties listed below in the manner(s) indicated: 8 9 DEFENDANTS’ CASE MANAGEMENT CONFERENCE STATEMENT 10 D (BY U.S. MAIL - CCP § 1013a(1)) I am familiar With the business practice 0f Cooley LLP for collection and processing 0f correspondence for mailing. 11 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 12 Service, in a sealed envelope with postage fully prepaid. 13 D (BY MESSENGER SERVICE - CCP § 101 1) I consigned the document(s) 14 to an authorized courier and/or process server for hand delivery 0n this date. 15 D (BY FACSIMILE - CCP § 1013(6)) I am personally and readily familiar With the business practice 0f Cooley LLP for collection and processing 0f 16 document(s) t0 be transmitted by facsimile and I caused such document(s) on 17 this date to be transmitted by facsimile t0 the offices 0f addressee(s) at the numbers listed below. 18 D (BY OVERNIGHT MAIL - CCP § 10131) I am personally and readily 19 familiar With the business practice of Cooley LLP for collection and processing 0f correspondence for overnight delivery, and I caused such 20 document(s) described herein t0 be deposited for delivery t0 a facility 21 regularly maintained by Federal Express for overnight delivery. 22 // 23 /// 24 /// 25 /// 26 /// 27 /// 28 COOLEYLLP 1. ATTORNEYS AT LAW moAm PROOF 0F SERVICE, CASE N0. 20CV373940 239843342 v1 COOLEY LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNEYS AT LAW PALO ALTO E (BY ELECTRONIC MAIL - CCP § 1010.6(a)(4)(A)) Based 0n 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 0r other indication that the transmission was unsuccessful. Howard L. Magee Robert Starr Larry W. Lee Theodore Tang Max Gavron Manny Starr Diversity Law Group Frontier Law Center 515 South Figueroa St., Suite 1250 23901 Calabasas Rd., Suite 2074 Los Angeles, CA 90071 Calabasas, CA 91302 Phone: (213) 488-6555 Phone: (818) 914-3433 Fax: (213) 488-6554 Fax: (818) 914-3433 Email: hmagee@diversitvlaw.com Email: robert@starrlaw.com; lwlee@diversitvlaw.com theodore@frontierlawcenter.com mgavron@diversitv1aw.com mannv@fr0ntierlawcenter.com linda diversit 1aw.com eservice@fr0ntierlawcenter.com Attorneys for Plaintiffs Attorneys for Plaintiffs I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. Executed 0n March 22, 2021 at Palo Alto, California. m’Xf’ Lori L. O’Dell 2. PROOF 0F SERVICE, CASE N0. 20CV373940 239843342 v1