Statement Case Management ConferenceCal. Super. - 6th Dist.December 14, 2020200V374714 Santa Clara - Civil QMeMQ/stem ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT use ONLY Ross R. Nott SBN: 172235 _ _ SPINELLI DONALD & NOTT APC E'eCtronlcally Flled 601 University Avenue, Suite 225 by SUperior court 0f CA, SACMMENTO, CA 95825 County of Santa Clara, TELEPHONE No.: (916) 448-7888 FAX No. (0ptiona/):(916) 448-6888 on 3/1 9/2021 11 :54 AM E-MA'L ADDRESS (Optional): shelleyg@sdnlaW-com Reviewed By: System System ATTORNEY FOR (Name): Mt. Pleasant Elementary School District case #20CV37471 4 SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSANTA CLARA Envelope: 6071 492 STREEF ADDRESSII91 North First Street MAILING ADDRESS: 1 91 North First Street CITY ANDZIP CODE: San Jose, 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: Jane MC Doe DEFENDANT/RESPONDENT: Santa Clara County Office 0f Education, et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE E LIMITED CASE 200874714 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:3/23/21 Time:2;15 nm . Dept.:7 Div.: Room: Address of court (if difierent from the address above): m Notice of Intent to Appear by Telephone, by (name):Ross R. Nott INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name).'Defendant Mt. Pleasant Elementary School District b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. E All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvo/vement in case, and date by Which they may be served): 4. Description of ca_se 8- Type 0f case In complaint E cross-complaint (Describe, including causes of action): See Plaintiff‘s Case Management Statement Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-‘l 10 [Rev. July 1, 2011] www.courts.ca.gov Westlaw Doc 8: Fonn Bu'lder'" CM-110 PLAINTIFF/PETITIONERZ Jane MC Doe CASE NUMBER: _ 20CV374714 DEFENDANT/RESPONDENTI Santa Clara County Office of Education, et a1. 4. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, specify the injwy 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 is claiming sexual misconduct occurring during science camp. Plaintiff claims negligent supervision, negligent hiring retention; emotional distress, sexual assault, sexual battery, sexual harassment, gender Violence, breach of fiduciary duty; constructive fraud, and others. Plaintiff seeks past, present and future general damages, special damages, statutory damages, costs of suit, etc. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request ajury trial E a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready fortrial within 12 months ofthe date ofthe filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): April 5, 2021 i April 23, 2021; 4/12/21 i 4/20/21 (trial); 4/26/21- 5/3/21 (trial) 5/17/21-5/25/21 (trial); 5/24/21 i 5/1/21 (trial); 7/27/21 i 7/30/21 (trial) 8/2/21- 8/13/21 (trial); 9/7/21 i 9/14/21; 11/8/21 i 11/18/21 (trial); 1/4/22-1/14/22 (trial); 3/7/22-3/14/22 (trial); 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number):7-10 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented attrial m 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-mail address: 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 rule 3.221 for information aboutthe 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 to the client and reviewed ADR options with the client. (2) For self-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) E This matter is subjectto mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto 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 1141.11. (3) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtorfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“OIReV- Ju'v 1: 20111 CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: Jane Mc Doe DEFENDANT/RESPONDENT: Santa Clara County Office 0f Education, et a1. CASE NUMBER: 20CV374714 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 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 processes (check a/l that apply): stipulation): E Mediation session not yet scheduled (1) Mediation E E Mediation session scheduled for (date):E Agreed to complete mediation by (date): E Mediation completed on (date): (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 (specifiI): DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONERJane MC Doe CASE NUMBER: 20CV374714 DEFENDANT/RESPONDENTSanta Clara County Office of Education, et a1. 11. Insurance a. m Insurance carrier, if any, for party filing this statement (name).'ASCIP b. Reservation of rights: E Yes E No c. E 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.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a_ E There are companion, underlying, or related cases. (1) Name of case: (2) Name of 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 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 The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): Demurrer and Motion t0 Strike; Motion for Summary Judgment if necessary 16. Discovery a. E The party or parties have completed all discovery. b. m The following discovery will be completed by the date specified (describe all anticipated discovely): Pa_rt¥ Descrigtion % Defendant MPESD Written discovery t0 Plaintiff 6/21 Defendant MPESD Depositions 10/21 Defendant MPESD Expert Discovery Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page4of5 CM-1 10 PLAINTIFF/PETITIONERiJane MC D06 CASE NUMBER 20CV374714 DEFENDANT/RESPONDENTZ Santa Clara County Office ofEducation, et a1. 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 specifically Why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesm The party or parties request that the following additional matters be considered or determined at the case management conference (SPeCifll)-' MPESD has filed a demurrer and motion to strike. The parties are awaiting assignment of a hearing date for those motions. 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 (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): | 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 19, 2021 Ross R. Nott ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM.110 [Rex]. July 1, 2011] CASE MANAGEMENT STATEMENT Page sofs KOOONQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPINELL], DONALD & NOTT PROOF OF SERVICE COURT: Superior Court of California, County of Santa Clara CASE NO.: 20CV3747 14 CASE NAME: Mc Doe v. Santa Clara County Office ofEducation, et al. I am a citizen of the United States, employed in the County of Sacramento, State of California. My business address is 601 University Avenue, Sacramento, CA 95825. I am over the age of 18 and not a party to the above-entitled action. I am readily familiar with Spinelli, Donald & Nott’s practice for collection and processing 0f correspondence for mailing With the United States Postal Service. Pursuant t0 said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day’s mail is collected and deposited in a U.S. mailbox at or before the close of each day’s business. (Code Civ. Proc., § 1013a(3) or Fed.R.CiV.P.5(a) and 4.1.) On March 19, 2021, I caused the within, Case Management Statement the original of which was produced on recycled paper, t0 be served Via D MAIL-- Placed in the United States Mail at Sacramento, California in an envelope with postage thereon fully prepaid addressed as follows: Counsel 0r Plainti Morgan A. Stewart f ff mstewart@manlvstewart.com Saul E. Wolf swolf©manlvstewartcom Christina J. Nolan cnolan@manlvstewart.com Manly, Stewart & Finaldi 19100 Von Karman Avenue, Suite 800 Irvine, CA 92612 Mark E. DaViS Counselfor Santa Clara C0. Oflice 0f Eric J. bengtson Education Davis & Young, APLC 1960 The Alameda, Suite 210 San Jose, CA 95126 669/245-4200 408/985-1 814 eric@davisvounqlaw.com D FAX AND MAIL-- I personally sent t0 the addressee’s telecopier number indicated below a true copy 0f the above-described document(s) before 5:00 p.m. I verified transmission without error by a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPINELLI, DONALD & NO'IT E transmission report issued by the facsimile machine upon Which said transmission was made immediately following the transmission. Thereafter, I placed a true copy in a sealed envelope With the first class postage affixed and mailed as follows: PERSONAL SERVICE" By causing delivery by hand to the addressee addressed as follows: FEDERAL EXPRESS-- By causing delivery by Federal Express of the document(s) listed above to the person(s) at the address(es) set forth below: BY ELECTRONIC SERVICE" I caused such document t0 be electronically served t0 the above I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed on March 19, 2021, at Sacramento, California. /s/Shellev L. Graieda Shelley L. Grajeda
