Case Management Statement FiledCal. Super. - 5th Dist.April 19, 2021CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Nevis, Stale Bar number, and address): FOR COURT USE ONLY Christina C. Tillman, SBN 258627 Ella A. Moberg, SBN 333928 McCormick Barstow LLP 7647 North Fresno Street Fresno, California 93720 TELEPHONE No.: (559) 433-1 300 FAX No‘ (Optional): (559) 433-2300 EMAIL ADDRESS (apnonau; Christina.ti||man@mccormickbarstow.com ATTORNEY FOR (Name); Defendant Court Appointed Special Advocates of Fresno 8/3/2021 12:20 PM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F FRESNO Superior Court of California STREET ADDRESS: 1 130 "O" Street County of Fresno MA‘L‘NG ADDRESS: chv AND sz CODE: Fresno, CA 93724 BRANCH NAME: PLAINTIFF/PETITIONER: Jason Williams, et al. E-FILED By: J Nelson, Deputy DEFENDANT/RESPONDENT: Court Appointed Special Advocates of Fresno and CASE MANAGEMENT STATEMENT 3:55 NEU'V'BERiH 4 (Check one): E UNLIMITED CASE D LIMITED CASE C CGO o (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 08/18/2021 Time: 3:30 pm Dept: 402 Div.: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Ella A. Moberg, Esq. 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): Court Appointed Special Advocates of Fresno and Madera Counties b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (date): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants 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 sewed 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 E complaint D cross-complaint (Describe, including causes of action): Plaintiffs allege unlawful retaliation; hostile work environment; violation of Ralph Civil Rights Act; Adverse Employment Actions; wrongful termation; failure to compensate for all hours, meal and rest periods; PAGA. Page 1 of 5 Form Adopted for Mandatory Use Cal, Rules of Court, Judicial Councwl 0f California CASE MANAGEMENT STATEMENT rules 3.720-3 730 CM-1 10 [Rev. July 1, 201 1] www.cnuns.ca,gov American Legalm, 1m: “ww.FormszkrIow.cmu CM-110 PLAINTIFF PETITI NER: W'II' t I. CASE NUMBER: _ / 0 Jason Ilams,e a 21CECG01104 DEFENDANT/RESPONDENT: Court Appointed Special Advocates of Fresno and 4. b. Provide a brief statement of the case, including any damages. (prersona/ 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.) Defendant denies all allegations of unlawful conduct and denies that this case is manageable under PAGA. 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 E a nonjury trial. (If more than one party, provide the name ofeach party requesting a jury trial): 6. Trialdate a. D Thetrialhas been setfor(date): b. E No trial date has been set. This case will be ready for trial within 12 months ofthe date of the filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys wi|| not be available for trial (specifi/ dates and explain reasons for unavailability): See Attachment 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. E days (specify number): 5-7 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties wi|| be represented at trial g 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-mail address: g. Party represented: 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 X 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 seIf-represented parties: Party D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 0r 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 1141.11. (3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Coun or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“OIRev-Ju'v HO“! CASE MANAGEMENT STATEMENT Pagan“ American Legamu I \\'w\v,FonnsW0rkF| CM-110 PLAINTIFF/PETITIONER: Jason Williams, e1 al. EEFENDANT/RESPONDENT: Court Appointed Special Advocates of Fresno and CASE NUMBER: 21 CECG01 104 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): (2) Settlement W 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): DUDE DUDE DUDE EIEIDD DDDX DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-11o [Rev. Juxy 1, 2011] CASE MANAGEM ENT STATEMENT Page 3 of5 American Lagamen, Inc. www.For.ns\wrkrlow,cmu CM-110 PLAINTIFF PETITI NER: W'II' t I. CASE ”UMBER:_ / O Jason Ilams,e a 21CECGo1104 DEFENDANT/RESPONDENT: Court Appointed Special Advocates of Fresno and 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): Berkley Select b. Reservation of rights: E Yes D No c. D Coverage issues will significantly affect resolution ofthis 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 Amotionto D consolidate D coordinate willbe filed by (nameparty): 14. 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 pany, type of motion, and reasons): 15. Other motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for Summary Judgment/Adjudication; Motion to Challenge Manageability of PAGA claim 16. Discovery a. D The party or parties have completed all discovery. b D The following discovery wi|| be completed by the date specified (describe all anticipated discovery): Pa_rty Description m Defendant Written discovery requests By code Defendant Plaintiffs' deposition By code Defendant Witnesses' depositions By code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIRev-Ju'v HO“! CASE MANAGEMENT STATEMENT Pagan“ A LegalNenlnc v. nszkrlow.cmn CM-110 PLAINTIFF/PETITIONER: Jason Williams, et al. ;qSE'EUgBGEE 1 O4 ?EFENDANT/RESPONDENT: Court Appointed Special Advocates of Fresno and 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. D The party 0r 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): 2 | 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 wi|| possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority ofthe pany where required. Date: August 3, 2021 Christina C. Tillman > [TYPE OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY) b (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) D Additional signatures are attached. CM-110[Rev.Ju\y1,2011] CASE MANAGEMENT STATEMENT PageSofs American Legamen, Inc. www,Formswm-kmowmm V Attachment to 6c. Dates on which parties or attorneys will not be available for trial: DATE REASON 8/17/21-08/27/21 Trial 10/7/21 Mediation 11/2/21 Mediation 12/22/21 Mandatory Settlement Conference 2/16/22 Mandatory Settlement Conference 2/25/22 Trial Readiness Hearing 2/28/22-3/4/22 Trial 3/2/22 Pretrial Conference 3/4/22 Pretrial Conference 3/11/22 Trial Readiness Hearing 3/14/22-3/22/22 Trial 4/18/22-5/6/22 Trial 4/26/22-5/5/22 Trial 5/9/22 Mandatory Settlement Conference 5/24/22-6/7/22 Trial 5/31/22 Final Pretrial Conference 7/25/22-8/3/22 Trial 10/6/22 Mandatory Settlement Conference 10/28/22 Trial Readiness Hearing 10/31/22-11/14/22 Trial 11/22/22 Mandatory Settlement Conference 12/16/22 Trial Readiness Hearing 12/19/22-1/4/23 Trial 2/15/23 Mandatory Settlement Conference 3/10/23 Trial Readiness Hearing 3/13/23-3/24/23 Trial 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MCCORMICK, EARSTOW, SHEPPARD‘ WAYTE & CARRUTH LLP 76w NORTH FRESNO STREET FREsNo‘ CA 93720 PROOF 0F SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO At the time 0f service, I was over 18 years 0f age and not a party t0 this action. I am employed in thc County 0f Fresno, Statc of California. My business address is 7647 North Frcsno Strcct, Fresno, CA 93720. On August 3, 2021 , I served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: JEREMY M. DOBBINS ATTORNEYS FOR PLAINTIFF Law Office of Jeremy M Dobbins 1225 E. Divisadero Street Fresno, CA 93721 Fax: (559) 316-4070 E-Mail: ieremv@ieremvmdobbins.com; nichole@ieremv1ndobbins.com; carragan@ieremvmdobbins.com X_X BY ELECTRONIC SERVICE (E-MAIL): Based 0n a court order or an agreement 0f the pa-rties to accept electronic service, my electronic service address is tristan. matthews@mccormickbarstow.com, and I caused the document(s) to be sent t0 the persons at the electronic service address(es) listed above. Ideclare under penalty ofperjury under the laws 0fthe State ofCalifomia that the foregoing is true and correct. Executed 0n August 3, 2021, at Fresno, California. Tristan E. Matthews 057821-000196 7807584.]
