Statement Case Management Conference

Cal. Super. - 6th Dist.March 2, 2021

21 CV378994 Santa Clara - Civil OgL _n_. "c A'I'I'ORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): Michael D. Bruno (SBN 166805); Pamela Ng (SBN 273036) GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 941 11 TELEPHONE N0.: (41 5) 986-5900 FAX No. (Optional): (41 5) 986-8054 E-MAILADDREss (Optional); mbruno@grsm.com; acabrera@grsm.com; png@grsm.com ATrORNEY FOR (Name): Defendant LUCILE SALTER PACKARD CHILDREN’S HOSPITAL AT STANFORD FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/27/2021 2:27 PM Reviewed By: R. Fleming Case #21CV378994 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITYAND ZIP CODE: San Jose, CA BRANCH NAME: DTS Envelope: 7936944 PLAINTIFF/PETITIONER: Shawn Robertson DEFENDANT/RESPONDENT: Lucile Salter Packard Children's Hospital at Stanford ming CASE MANAGEMENT STATEMENT (Check one): E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 21 -CV-378994 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 1 1, 2022 Time: 10:00 AM Dept: 2 Address of court (if different from the address above): X Notice of Intent to Appear by Telephone, by (name): Pamela Ng Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): LUCILE SALTER PACKARD CHILDREN’S HOSPITAL AT STANFORD 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): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| 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): Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes ofaction): Plaintiff has alleged defamation, wrongful termination, breach of contract, failure to provide meal and rest breaks, failure to pay compensation due upon termination, and unfair competition. Page 1 of 5 Form Adopted for Mandatory Use Cal. R Ies of Co rt, Judicial Council of California CASE MANAGEMENT STATEMENT rulesuaJZO-SJUSO CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov American LegalNet, Inc. www.FonnsWorkFlow.com _ CM-110 -DEFENDANT/RESPONDENT: Lucile Salter Packard Children's Hospital at Stanford . CASE NUMBER:PLAINTIFF/PETITIONER. Shawn Robertson 21_CV_378994 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.) Defendant Lucile Packard Children's Hospital ("LPCH") terminated Plaintiff in June 2020 for violation of its Harassment, Discrimination, and Retaliation Prevention Policy. Plaintiff now claims LPCH retaliated against him due to his alleged complaints against a coworker and about not receiving his meal and rest breaks, which were made in 2017. He also claims that LPCH made defamatory statements that resulted in his termination. LPCH disputes all liability and damages. 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 E 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 set for (date): b. E No trial date has been set. This case wi|| be ready for trial 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 explain reasons for unavailability): 2022: 1/24; 2/17; 2/28; 3/7; 3/21; 3/28; 4/19; 4/25; 5/2; 5/13; 5/27; 5/31; 6/3; 6/13; 6/17; 6/20; 7/1; 7/29; 8/19; 9/6; 9/20; 10/3; 10/1 1; 10/24; 10/25; 11/14; 12/5-12-9;12/12; 2023: 1/9; 2/6; 3/3; 3/28; 4/7 Other: 2/21/22-2/25/22, 4/1 1/22-4/1 8/22, 7/21/22-7/31/22, 9/1 /22-10/7/22 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 3-5 days 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-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 g 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 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 1141.11. (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): 0M4 1° [Rev' Ju'y 1' 2°11] CASE MANAGEMENT STATEMENT Page 2 °f 5 Amen‘can LegalNet, Inc. www,FormsWorkF10w‘com . CM-110 PLAINTIFF/PETITIONER: Shawn Robertson D-EFENDANT/RESPONDENT: Lucile Salter Packard Children's Hospital at Stanford CASE NUMBER: 2 1 -CV-378994 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 D Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): 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 (specim: DEED DEED DEED DEED DEED DD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow,00me CM-110 PLAINTIFF PETITI NER: h R CASE NUMBER:_ / o S awn obertson 21_CV_378994 DEFENDANT/RESPONDENT: Lucile Salter Packard Children's Hospital at Stanford 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of 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 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 (nameparfy): 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 party, type of motion, and reasons): 15. Other motions D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 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 Descrigtion % Defendant Plaintiff‘s Deposition February 2022 Defendant Written Discovery January 2022 Defendant Expert Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIReV- Ju'v 1120111 CASE MANAGEMENT STATEMENT P3964“ American LegalNet, Inc. www,FormsWorkFlow‘com , CM-110 . CASE NUMBER:PLAINTIFF/PETITIONER. Shawn RObertSOl'] 21-CV-378994 EEFENDANT/RESPONDENT: Lucile Salter Packard Children's Hospital at Stanford 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 wi|| 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 ofthe California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe 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: December 27, 2021 Pamela Ng LM (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIReV- JUIW’ZO“! CASE MANAGEMENT STATEMENT Pages“ American LegalNet, Inc. www‘FormsWorkl-‘lowxom . San Francisco, CA 94111 Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 1230471/5799993 1V.1 \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Shawn Robertson v. Lucille Salter Packard Children ’s Hospital, et al. Santa Clara County Superior Court Case N0. 21CV378994 I am a resident of the State of California, over the age of eighteen years, and not a party t0 the Within action. My business address is: Gordon Rees Scully Mansukhani LLP, 275 Battery Street, Suite 2000, San Francisco, CA 941 1 1. On the date indicated below, I served the following document/s: DEFENDANT’S CASE MANAGEMENT STATEMENT ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed, per Emergency Rules 0f Court. During the Coronavirus (C0Vid-19) pandemic, this office will be working remotely, not able t0 send physical mail as usual, and is therefore using only electronic mail. D Via Court Approved Efiling/Eservice Vendor: by instructing Nationwide to electronically serve all parties listed 0n the Court’s website. D Via Fed EX: by placing a true copy thereof enclosed in a sealed envelope, at a station designated for collection and processing 0f envelopes and packages for overnight delivery by FedEx as part 0f the ordinary business practices 0f Gordon Rees Scully Mansukhani, LLP described below, addressed as follows: Via U.S. Mail: by placing the document(s) listed above in a sealed envelope With postage thereon fully prepald, 1n Umted States mall 1n the State 0f Callfornla at San Francisco, addressed as set forth below. Attorneys for Plaintiff Tiega-Noel Varlack VARLACK LEGAL SERVICES 225 W. Winton Avenue, Suite 207 Hayward, California 94544 5 1 0-397-2008 Fax 5 1 0-397-2997 tiega@varlacklegal.com I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day With postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on December 27, 2021 at Daly City, California. WW) Vanessa Santellan PROOF OF SERVICE