Statement Case Management Conference

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

21 CV378994 Santa Clara - Civil CM-deming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Tiega-Noel Varlack, Esq. (SBN 248203) Varlack Legal Services 225 W. Winton Avenue, Suite 207 Hayward, CA 94544 TELEPHONE NO.:(S 1 0)397-2008 FAX No. (Optional): (5 1 0)397-2997 E-MAIL ADDRESS (Optional):tiega@varlacklegal .00m ATTORNEY FOR (Name): Plaintiff, Shawn C. RObGI'tSOIl Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/27/2021 11:49 AM Reviewed By: R. Fleming Case #21 CV378994 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDREss; 191 N. FII'St Str€€t MAILING ADDRESS: 191 N. FiI‘St Str€€t CITY AND ZIP CODE: San JOSE, CA 951 13 BRANCH NAME; Downtown Superior Court Envelope: 7935215 PLAINTIFF/PETITIONER: Shawn C- RObertSOD DEFENDANT/RESPONDENT: Lucille Salter Packard Children's Hospital at St CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E] UNLIMITED CASE E LIMITED CASE 210878994 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Jaunary 11, 2022 Time: 10:00A.M. Dept.:2 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Plaintiff, Shawn C. Robertson b. E 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): March 2, 2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [Z All parties named in the complaint and cross-complaint have been sewed, 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 of involvement in case, and date by which they may be served): 4. Description of case a- Type 0f case in EX] complaint E cross-complaint (Describe, including causes of action): Employment, Wrongful Termination, Breach 0f Contract Form Adapted for Mandatory Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-110 [Rev. July 1, 2011] Page 1 of 5 Cal. Rules of Court, rules 3720-3730 www.courts‘cagov CM-110 PLAINTIFF/PETITIONER: Shawn C.Robertson CASE NUMBER: -DEFENDANT/RESPONDENT: Lucille Salter Packard Children's Hospital 21CV378994 4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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.) Plaintiff alleges that Defendant Lucile Packard Children's Hospital ("LPCH") retaliated against him and wrongfully terminated him in connection with a complaint he had made about n0 receiving meal and rest breaks. Plaintiff is claiming lost wages, defamation and unpaid wages, total amount TBD. 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 E 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. E 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 of the date of the filing of the complaint (if not, explain): c. ates on w icH ?di356r fttor eys will not be available for trial (specify dates and explain reasons for unavailability):ee attac e r1a a en ar 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 5'7 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-mail address: g. Party represented: PlaintiffE 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 about the processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselE 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 to judicial arbitration or civil action mediation (if available). (1) E This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode 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 is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev.July 1,2011] CASE MANAGEMENT STATEMENT Page20f5 CM-11O PLAINTIFF/PETITIONER: Shawn C_ Robinson DEFENDANT/RESPONDENTI Lucile Salter Packard Children's Hospital CASE NUMBER: 21CV378994 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): E] Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement m Settlement conference scheduled for (date): conference 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 Private arbitration not yet scheduled Private arbitration scheduled for (date): DUDE DUDE DUDE DUDE DUDE DUDE arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-1 1 O PLAINTIFF/PETITIONER: Shawn C Robinson CASE NUMBER: DEFENDANT/RESPONDENT: Lucille Salter Packard Children's Hospital 21CV378994 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): 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 motionsE The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion m Plaintiff Written Discovery Per Code Plaintiff Depositions Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 1o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 ot5 CM-110 PLAINTIFF/PETITIONER: Shawn C, Robinson CASE NUMBER: EEFENDANT/RESPQNDENT; Lucile Salter Packard Children's Hospital 21CV378994 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 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 ofthe 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 wi|| 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 of the party where required. Date: 12/27/2021 Tiega-Noel Varlack, Esq. ’ Cfiv Uk-L (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R AWORNEY)E Additional signatures are attached. CM-“WREV- Ju'v 1' 2°“! CASE MANAGEMENT STATEMENT P3995“ TlEGA-NOEL VARLACK CIVIL TRIAL START-DATES January 31, 2022 February 14, 2022 February 22, 2022 March 7, 2021 March 21, 2022 April 14, 2022 May 16, 2022 June 6, 2022 June 13, 2022 August 15, 2022 October 3, 2022 October 24, 2021 October 31, 2022 January 23, 2023 January 30, 2023 May 01, 2021 May 12, 2023 Alameda San Francisco USDC Alameda Alameda San Mateo USDC Alameda San Francisco Alameda Alameda Alameda Alameda Alameda Sacramento Alameda Alameda 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROOF OF SERVICE I am over the age 0f 18 years and not a party t0 the action Within. I am employed at Varlack Legal Services, 225 W. Winton Avenue, Suite 207, Hayward, CA 94544. My email address is info@varlacklegal.com. I served the documents(s) listed below as follows: Date Served: December 27, 2021 Documents Served: > PLAINTIFF SHAWN ROBERTSON’S CASE MANAGEMENT STATEMENY Parties Served: Michael D. Bruno Attorneyfor Defendants, Alyson S. Cabrera Pamela Y. NG LUCILLE SALTER PACKARD GORDON REES SCULLY MANSUKHANI, LLP CHILDREN'S HOSPITAL AT 275 Battery Street, Suite 2000 STANFORD ET AL. San Francisco, CA 941 11 E-mail: mbruno@grsm.com Acabrera@grsm.com [21’1gflQgI‘Sl’l’LCOD’l mdalton@grsm.com [XX] BY E-MAIL OR ELECTRONIC TRANSMISSION: I e-mailed a true and correct copy of the document(s) addressed to the persons shown on the attached list. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on December 27, 2021, at Hayward, California. Leanne Roberts 1 PROOF OF SERVICE