Statement Case Management ConferenceCal. Super. - 6th Dist.March 15, 202121 CV378966 Santa Clara - Civil CM-1 1 O System Syste mATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kenneth J. Freed [SBN 125349] Law Offices Of Kenneth J. Freed - - 14226 Ventura Blvd. ElecuomFaHy Flled by Superior Court of CA,Sherman Oaks, CA 91423 TELEPHONE N0_: (8 l 8) 9 9 0 - O 8 8 8 FAX Nowpuonau- (8 1 8) 9 9 0 - l 0 4 7 county Of santa Clara! E-MAILADDRESS(Opa'onar): kfreed@ kj fesq . com On 7/26/2021 4:06 PM ATTORNEYFORmame): CREDITORS ADJUSTMENT BUREAU, INC . RGViewed By: system system SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Case #21 cv373965 STREETADDRESS; l 91 N . FIRST STREET Envelope: 6925619 MAILINGADDRESS: SAME AS ABOVE CITYANDZJPCODE- SAN JOSE CA 95113 BRANCH NAME: SAN JOS E PLAINTIFFIPETITIONER: CREDITORS ADJUSTMENT BUREAU, INC. DEFENDANTIRESPONDENT: INTARCIA THERAPEUTICS, INC. CASE MANAGEMENT STATEMENT CASE NUMBER; fl“ (Check one): m UNLIMITED CASE D LIMITED CASE 2 1CV3 7 8 9 6 6 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8 / l O /2 l Time: l : 30pm Dept: 2 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): KENNETH J. FREED, 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): PLAINTIFF, CREDITORS ADJUSTMENT BUREAU, INC. b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-compiainants onfy) a. The complaint was filed on (date): 3 / 1 5 /2 1 b. D The cross-complaint, if any, was filed 0n (date): 3. Service (to be answened by plaintiffs and cross-complafnants only) a. D 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) D 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): INTARCIA THERAPEUTICS , INC . (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature ofinvofvement in case, and the date by which they may be served): 4. Description ofcase a. Type ofcase in m complaint D cross-complaint (Describe, including causes ofaction): BREACH OF CONTRACT, OPEN BOOK ACCOUNTS, ACCOUNTS STATED, & REASONABLE VALUE. Page 1 of 5 CASE MANAGEMENT STATEMENT Carlulrgglggggoggo www.courfscagw I‘ ' i Essential Form Adopted for Mandatory Use C comm[EmJudicial Council of CaliforniaCM-1 1O (Rev. July 1. 201 1] 6059751 CM-110 PLAINTIFFIPETITIONERICREDITORS ADJUSTMENT BUREAU, INC. CASENUMBER: 21CV378966 DEFENDANT/RESPONDENT:INTARCIA THERAPEUTICS, INC. 4. b. Provide a brief statement of the caserincluding 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. ff equitable relief is sought, describe the nature of the refief.) Plaintiff is a collection agency assigned this matter by LINKEDIN CORP. Plaintiff's Assignor and Defendant entered into a written agreement wherein Plaintiff's Assignor agreed to sell and deliver goods and/or services to Defendant and Defendant agreed t0 pay inE {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 triai D a nonjury trial. (If more than one pan‘y, provide the name of each pan‘y requesting a jury trial): 6. Trial date a. D The trial has been set for (date).- b. E No trial date has been set. This case will be ready for trial within 12 months ofthe date 0f the filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (Specify dates and expfafn reasons for unavaflabffity): 7. Estimated length oftrial The party 0r parties estimate that the trial will take (check one): a. D days (specify number): b. D hours (short causes) (specify): 8. Trial representation (to be answered for each pan‘y) The party or parties win be represented at trial D 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. PreferenceD 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 m 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 a 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 t0 mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under of 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 0f Court 0r from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-Ho [Rem July 1‘ 2011} CASE MANAGEMENT STATEMENT Page 2 or 5 CEB’I Essential cebxomlggm' 605975]. CM-110 DEFENDANTIRESPONDENT: INTARCIA THERAPEUTICS, INC . PLAINTIFF/PETITIONERZCREDITORS ADJUSTMENT BUREAU, INC. CASE NUMBER- 21CV378966 10. c. Indicate the ADR process 0r processes that the party or parties are willing to panicipate in. have agreed to participate in. or have already participated in (check ail that appiy and provide the specified fnfonnafion): The party or parties completing this form are willing to participate in the following ADR processes (check 3H that apply): lfthe party 0r 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 pan‘fes’ ADR stipulation): (1) Mediation D Mediation session not yet scheduled D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation compteted on (date): (2) Settlement conference D Settlement conference not yet scheduled D Settlement conference scheduled for (date): D Agreed to complete settlement conference by (dare): D Settlement conference completed on (date): (3) Neutral evaluation D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): (4) Nonbinding judiciai arbitration D Judicial arbitration not yet scheduled D Judicial arbitration scheduled for (date): D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (dare): (5) Binding private arbitration D Private arbitration not yet scheduled D Private arbitration scheduled for (date): D Agreed to complete private arbitration by (date): D Private arbitration completed 0n (date): (6) Other (specify): D ADR session not yet scheduled [J ADR session scheduled for (dare).- D Agreed to complete ADR session by (date): D ADR completed on (date): CM-‘HO [Rev. July 1, 2011] CEB‘ Essential momEm CASE MANAGEMENT STATEMENT 6059751 Page 3 of 5 CM-110 DEFENDANTIRESPONDENT: INTARC IA THERAPEUT ICS , INC . PLAINTIFFIPETITIONER:CREDITORS ADJUSTMENT BUREAU, INC. CASE NUMBER; 2 1CV3 7 8 9 6 6 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation 0f rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court‘s jurisdiction 0r 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 133. b. D A motion to D consolidate D coordinate will be filed by {name parry): 14. Bifurcation D The party 0r parties intend to file a motion for an order bifurcating. severing. or coordinating the following issues 0r causes of action (specify moving party, type of motion, and reasons): 15. Other motionsD The party or parties expect to file the following motions before trial (specify moving pan‘y, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. D The following discovery will be completed by the date specified (describe a” anticipated discovery): Party Description m c. D The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): aa-nomev. July 1. 20m CASE MANAGEMENT STATEMENT Pageaors |- ' Essential QEE Em 6059751 CM~110 PLAINTIFF/PETITIONER: CREDITORS ADJUSTMENT BUREAU, INC . CASE NUMBER 21CV378966 DEFENDANT/RESPONDENT: INTARCIA THERAPEUTICS, INC. 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 issuesm The party or parties request that the following additional matters be considered or determined at the case management conference (specify): DE FAULT JUDGMENT PACKAGE SUBMITTED 7 / 9 /2 l. 19. Meet and confer a. D The party or parties have met and conferred with all panies 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 on the following (specify): 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 w re required. Dma 7/23/21 KENNETH J FREED, ESO " (TVPE OR PRINT NAMED /// (SIGNATURE 0F PAF\0R ATTORNEY) (TYPE OR PRiNT NAME) {SIGNATURE OF PARTY OR A'ITORNEY) D Additional signatures are attached. CM-HOIRev July 1.20111 CASE MANAGEMENT STATEMENT Pasews CEB‘I Essential ‘ a F .caucom n-m'ms 60 5 97 5 1 MC-025 SHORT TITLE: -CAB V. INTARCIA THERAPEUTICS, INC. CASE NUMBER: 21CV378966 ATTACHMENT (Number): 4b _ (This Attachment may be used with any Judicia! Council form.) accordance with the terms and conditions of said agreement. Plaintiff's prays for the sum of $76,575.00, from December 24, 2019 for Contract #z attorney's fees. plus ten percent (10%) per annum C85174029-18, plus costs, and (If the item that this Attachment concerns is made under penalty ofperjury, aH statements in this Page 6- ofL Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of Catifornia M0025 {Rev July 1, 2009] F 'iEssenflal(ILB - (emu g BEQIM ATTACHMENT to Judicial Council Form www.coumnfo cagov 6059751