Statement Case Management Conference

Cal. Super. - 6th Dist.November 24, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/22/2021 12:07 PM Reviewed By: System System Case #20CV373984 Envelope: 6081635 20CV373984 Santa Clara - Civil System SystemCM-‘HD ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Shle Bar number. and address): Edward A. Kraus, SBN 162043 m “’“R’USE‘MY Kathryn E. Barrett, SBN 162100 One N. Markei Street, Suite 200 San Jose, CA 95113 TELEPHONE No; 408-573-5700 Fax N0. (0mm: 408-573-5701 E-MAILADDRESS (options: eak@svlg_com ATTORNEY FORrName-J: Defendant Albert J. Chavez SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Streeet MAILING ADDRESS: cn‘vmo ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFFIPETITIONER: Jane Doe DEFENDANTIRESPONDENT: RuraHMetro of California, |nc._ e1 al CASE MANAGEMENT STATEMENT case NUMBER: {Check one); E UNLIMITED CASE D LIMITED CASE ZO'CV'373984 (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: 3:45 Dept: 19 Div; Room: Address of court (if different from the address above): E Notice of Intent 10 Appear by Telephone, by (name): Edward A. Kraus 4. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. . Party or parties (answer one): a. E This statement i5 submitted by party (name): Defendant Albefl J. Chavez b. E This statement is submitted jointly by parties (names): Complaint and cross-complain‘l (to be answered by plaintiffs and cross-compfainants only) a. The complaini was filed on (date): b. E The cross-oomplaint, if any, was filed on (date): Service {to be answered by plaintiffs and cross-compa‘ainanfs onfy} a. E All parties named in the complaint and cross-complaint have been served. have appeared, or have been dismissed. b. E The following patties named in the complaint or cross~complaint (1) E have not been served (specify names and explain why not): (2) D have been sewed but have not appeared and have not been dismissed {specify names): (3) E have had a default entered against them (specify names): c. D The following additional parties may be added (specifir names, nature of involvement in case, and date by which they may be served): Description of case a. Type of case in E complaint E cross-complaint (Describe, incfuding causes of action): See Attachment Page1 ars FmWed formmw Use CASE MANAGEMENT STATEMENT figfiggfigJudicial Council oi California CM-1 1D [Reva Ju1y 1, 201 1] www.couda03.9w CM-‘HD PLAINTIFFIPETITIONER: Jane Doe CASE NUMBER: DEFENDANTIRESPONDENT: RuraIIMetro of California, |nc., e! al 20CV‘373984 4. b. Provide a brief siatement of the case, including any damages. (prersona! injun: damages are sought, specify the injury and damages claimed, including medicaf expenses f0 dafe findicafe source and amount], estimated future medical expenses, fast earnings to date, and estimated future lost earnings. ff equitable reffef 1's sought, describe the nature of the relief.) Plaintiff has alleged a sexual assault between oo-employees and wrongful termination claims. Defendant Chavez denies all claims made in the Complaint. E (Ifmore space 1's needed, check this box and attach a page designated as Aflammenr 4b.) 5. Jury or nonjury trial a. The pady or parties requestE a jury trial E a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been setfur (date): b. E No trial date has been set. This case will be ready for tn‘al within 12 months of the date of the filing of the complaint (if not, explain}: c. Dates on which parties or attorneys will not be available for trial (specify dates and exptain reasons for unavaifabifiot): 7'. Estimated length of trial The party or panies estimate that the trial will take (check one): a. E days (specifi/ number): 8 b- E 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 E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Party represented: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 mle 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 E] has not provided the ADR information package idenfified 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 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)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 .1 1. (3)E This case i5 exempt from judicial arbitration under mle 3.811 of the California Rules Of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. {special exemption): °“'"° [RW-J“"”°“‘ CASE MANAGEMENT STATEMENT "“2““ CM-‘I‘IO PLAINTIFFIPETITIONER: Jane Doe CASE NUMBER: DEFENDANTIRESPONDENT: RuraUMetro of California, |nc._ et al 2mcv‘373984 10. c. Indicate the ADR process or processes that the party or panies are willing to parlicipaie in, have agreed to participate in. or have already participated in (check ah‘ that apply and provide the specified information): The patty or parties completing If the patty or patties completing this form in the case have agreed to 1his form are willing to participate in or have already compleied 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 aft that appfy): stipulation}: E Mediation session not yet scheduledE Mediation session scheduled for (date):E Agreed lo com plete mediation by (date):E Mediation corn plated on (dare): (1) Mediation E E Settlement conference not yet scheduled (2) settlement E E Settlement conference scheduled for(date):wnference E Agreed to complete settlement conference by{dafe):E Settlement conference completed on(date): D Neutral evaluation n01 yei scheduledE Neutral evaluation scheduled for (date):E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): (3) Neutral evaluation E E Judicial arbitration n01 yet scheduled (4) Nonbindingjudicial E D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date):E Judicial arbitration completed on (date): D Pn'vate 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):D Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): E CM-1 1D [Reva Ju1y 1. 201 1] CASE MANAGEMENT STATEMENT ’39! 3 °f 5 CM-‘I‘IO PLAINTIFFIPETITIONER: Jane Doe CASE NUMBER: DEFENDANTIRESPONDENT: RuraUMetro oi California. Inc‘. et al 2acv‘373984 11. Insurance a. E Insurance carrier. if any, for party filing this statement (name): None b. Reservation of rights: [j Yes D No c. D Coverage issuee; wit! significantly affect resolution of this case (expiain): 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 (specifi/J: Status: 13. Related cases, consolidation, and coordination a. E There are companion, underlying, or related cases. (1) Name of case: (2) Name 0f 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 pady or parties intend to file a motion for an order bifurcating, severing, or coordinating the foilowing issues or causes of action {specifi/ moving party, type of motion, and reasons): 15. Other motions The pady or parties expect to file the following motions before trial (specify moan party, type ofmotfon, and issues): Plaintiff reserves its right to file all relevant motions. 16. Discovery a. E The party or parties have completed all discovery. b. D The following discovery will be completed by the date specified (describe at! anticipated discovenl): Party Descrigtion m Defendant written discovery per code Defendant depositions per code Defendant expert discovery per code c. D The following discovery issues, including issues regarding the discovery of electronically stored infon'nation, are anticipated (specifw: W” m“ “V ‘- ”1“ CASE MANAGEMENT STATEMENT ”'9“ “*5 CM-‘I‘IO PLAINTIFFIPETITIONER: Jane Doe CASE NUMBER: 20-CV-373984DEFENDANTIRESPONDENT: RuraUMetro of California. Inc‘. 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 will 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 specificafly why economic Htigation procedures relating to discovery or trial shoufd not appfy 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 {:‘fnof, explain): b. E After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (Specffwr 20. Total number of pages attached (If any): 1 | 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. pEdward A. Kraus {TYPE 0R PRINT NAME] (SIGNATURE 0F PARTY OR ATTORNEY] E Additional signatures are attached. Date: March 22, 2021 (SIGNATURE 0F PARTY 0R ATTORNEY)(TYPE 0R PRINT NAME) pageants°“'"° ER” ‘“"’ 1- 2m" CASE MANAGEMENT STATEMENT SHORT TITLE: CASE NUMBER: 1o 11 12 13 14 15 16 17 13 19 2o 21 22 23 24 25 23 (Required for verified pleading) The items on this page stated on information and belief are (specifi/ item numbers, not fine numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page Form Approved by the ADDITIONAL PAGE Jud'ncia1 Councilmcmiramia ' ' ' cac 201. 5m MOMOINWJWM 1‘ 19m Attach to JudICIal Council Form or Other Court Paper \DOONO‘xUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tp-tu-tu-t OOQONUl-PUJNHOCOONONUI-PWNHO Jane Doe v. RuralMetro 0f California, Inc., et al Santa Clara Countv Superior Court Case N0. 20CV373984 PROOF OF SERVICE I declare as follows: I am over eighteen years 0f age and not a party t0 the within action; I am employed in the County 0f Santa Clara, California; my business address is 1 North Market Street, Suite 200, San Jose, CA 95 1 13. On March 22, 2021, I served a true and correct copy 0f the following document[s] CASE MANAGEMENT STATEMENT including any exhibits, 0n the following parties: Maria Bourn Tyler A. Brown Michael Brooks Jackson Lewis P.C. LAW OFFICES OF TANYA GOMERMAN, 50 California Street, 9th Floor APC San Francisco, CA 941 11 825 Van Ness Avenue, Suite 502 Email: Tyler.Brown@jacksonlewis.com San Francisco, CA 94109 Larry.Nelson@jacksonlewis.com maria@attorneytanya.com michael@attornevtanva.com Attorneysfor Defendants Attorneysfor Jane Doe Rural/Metro ofCalifornia, Inc. American Medical Response West American Medical Response, Inc. and Christopher Garvin [ ] BY MAIL: I am readily familiar with my employer’s business practice for collection and processing 0f correspondence for mailing with the United States Postal Service. I served the above document[s] 0n the party [ies] named above in the above-referenced matter, by following ordinary business practice, placing a true copy thereof enclosed in a sealed envelope, for collection and mailing with the United States Postal Service Where it would be deposited for first class delivery, postage fully prepaid, in the United States Postal Service that same day in the ordinary course 0f business, addressed t0 the party [ies] at the address [es] listed above. [ ] BY PERSONAL DELIVERY: By causing said document[s] t0 be hand delivered t0 the party [ies] listed at the above-referenced address. [X] BY ELECTRONIC MAIL: On March 22, 2021, by use 0f electronic “email” address edn@svlg.com, I served the above-named document[s] 0n the party[ies] named above, in the above-referenced matter, by transmitting by electronic mail t0 each party’s electronic “email” address listed above. PROOF OF SERVICE 1 Proof 0f Service CMC statement (10576877xA1026).docx KOOONONUl-hwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO [ ] BY E-SERVICE: On , 2021, pursuant t0 Santa Clara County Superior Court Local General Rule 6A, I caused the documents described above t0 be transmitted t0 an approved provider for e-service 0n the persons listed above. N0 error was reported in the transmission 0f the documents. [ ] BY FACSIMILE: On , 2021, by use 0f fax machine number [408] 573-7864 0r [408] 573-5720, I served the above-named document[s] 0n the party [ies] named above, in the above-referenced matter, by transmitting by fax machine t0 each party’s fax machine number listed above. The fax machine I used complied with California Rules 0f Court, Rule 2003, and n0 error was reported by the machine. Pursuant t0 California Rules 0f Court, Rule 2006(d), I caused the machine t0 print a transmission record 0f the transmission. [ ] BY FEDERAL EXPRESS: I served the above-named document[s] 0n the party [ies] named above, in the above-referenced matter, by depositing the above document[s] in a box 0r other facility regularly maintained by Federal Express, in an envelope 0r package designated by Federal Express, with delivery fees paid 0n prepaid account, addressed t0 the party [ies] at the address [es] listed above. [C.C.P. §1013(c)]. I declare under penalty 0f perjury under the laws 0f the state 0f California that the foregoing is true and correct, and that this declaration was executed 0n March 22, 2021, San Jose, California. /s/ Liz Nomi Liz Nomi PROOF OF SERVICE 2 Proof 0f Service CMC statement (10576877xA1026).docx Liz Nomi From: Microsoft Outlook To: maria@attorneytanya.com; Michael Brooks Sent: Monday, March 22, 2021 10:48 AM Subject: Relayed: Jane Doe v. RuraI/Metro of California, |nc., et al; Case No. 20-cv-373984 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: maria@attornevtanva.com (maria@attornevtanva.com) Michael Brooks (michael@attornevtanva.com) Subject: Jane Doe v. RuraI/Metro of California, Inc., et al; Case No. 20-cv-373984 Liz Nomi From: Microsoft Outlook To: Brown, Tyler A. (San Francisco); Iarry.ne|son@jacksonlewis.com Sent: Monday, March 22, 2021 10:48 AM Subject: Relayed: Jane Doe v. RuraI/Metro of California, |nc., et al; Case No. 20-cv-373984 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Brown, Tvler A. (San Francisco) (Tvler.Brown@1'acksonlewis.com) Iarrv.nelson@iacksonlewis.com (Iarrv.nelson@1'acksonlewis.com) Subject: Jane Doe v. RuraI/Metro of California, Inc., et al; Case No. 20-cv-373984