Statement Case Management ConferenceCal. Super. - 6th Dist.March 2, 202121CV379038 Exempt from Filing Fees under Gov’t Code sec. 610358“ C'ara - CiV” CMHWming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Apalla U. Chopra (SBN #163207) Adam J. Karr (SBN #212288) Electronically Filed 400 South Hope Street, 18th Floor by Superior Court of CA, Los Angeles, CA 90071-2899 County of Santa Clara, TELEPHONEN0.:213-430-6000 FAXNo.(0ptiona/):213-430-6407 on 12/21/2021 10:52 AM E-MAILADDRESS(0ptiona/)zachopra@omm. com; akarr@omm. com Reviewed By; R_ Fleming ATTORNEY F0R(Name): Board of Trustees of California State Urncase #21cv379038 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 7908042 STREETADDRE33:161 North First Street MAILINGADDREss:19l North First Street CITYANDZIPCODE: San Jose CA 95113 BRANCHNAME: Old Courthouse PLAINTIFF/PETITIONER: Stephen O ' Brien DEFENDANT/RESPONDENT:Marie Tuite et a1. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE 2 lcv3 7 9 o 3 8 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 4 , 2022 Time: lO : OO a .m. Dept: l9 Div.: Room: Address of court (if different from the address above): Notice oflntent to Appear by Telephone, by (name):Apalla Chopra, Adam Karr, Timothy Younger 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): b. This statementis submittedjointly by parties (names):Marie Tuite and the Board of Trustees of the California State University 2. Complaint and cross-complaint (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-complainants only) a. E A|| 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 of involvement in case, and date by which they may be served): 4. Description of case 3- Type 0f case in complaint E cross-complaint (Describe, including causes of action): Action for damages allegedly resulting from retaliation and wrongful termination. Page 1 of 5 F°3$$L$§Féiduazm“S?Edaiazmizse CASE MANAGEMENT STATEMENT CEB Ciie:“§:2‘zL%f’::d CM-1 10 [Rev. July 1, 2011] WWW ceb com www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Stephen O'Brien CASENUMBER- I I 21cv379038 DEFENDANT/RESPONDENT: Marle Tu1te et a1. 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.) Plaintiff alleges that Defendants unlawfully retaliated against him. Defendants' position is that Plaintiff has not suffered any damages or injuries and is not entitled to recover any amount. E (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 a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): Marie Tuite and Board of Trustees of the California State University 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the 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): Counselhwill be prepared to discuss their availability at the Conference, af ?rarties learn more about the Court's schedule for the trial. 7. Estimatedlengthheof ial The party or parties estimate that the trial will take (check one): a. days (specify number): 4 - 5 days b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption m by the following: a. Attorney: Timothy M. Younger b. Firm:Younger & Associates c. Address:1068l Foothill #280, Rancho Cucamonga, California 91730 d. Telephone number: 909- 980- 0630 f. Fax number: e. E-mailaddress. tmy@youngerassociates. net g. Partyrepresented: Marie TuiteE 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 seIf-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 subject to mandatoryjudicial 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) 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) m This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CRC 3 . 811 (b) (l) , (6 h (8); CCP 1775.5 CM-“O [ReV-Ju'y 1120111 CASE MANAGEMENT STATEMENT CEB ”962°” www.ceb.com CM-110 PLAINTIFF/PETITIONER: Stephen O'Brien DEFENDANT/RESPONDENT: Marie Tuite et a1. CASE NUMBER: 210v379038 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 DDID Mediation session not yet scheduled Mediation session scheduled for (date): January 14 , 2 022 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 (specify): 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] CASE MANAGEMENT STATEMENT CEB Page 3 of 5 www.ceb.com CMfllO. PLAINTIFF/PETITIONER: Stephen O'Brien CASE NUMBER= 210v379038 DEFENDANT/RESPONDENT: Marie Tuite et a1. 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. Bifu rcationE 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 of motion, and issues): Defendants anticipate filing motions for summary judgment. 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): PaJt Description E Board of Trustees of CSU Non-expert discovery By Code Board of Trustees of CSU Expert discovery By Code Marie Tuite Non-expert discovery By Code Marie Tuite Expert discovery By Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“O [ReV-Ju'v 1120111 CASE MANAGEMENT STATEMENT CEB Page4°f5 www.ceb.com CM-110 PLAINTIFF/PETITIONER: stephen O'Brien CASE NUMBER:- I I 21cv379038 DEFENDANT/RESPONDENT:Marie TUlte et al. 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. | X I 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): | 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 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. DatezDecember 21, 2021 Adam J. Karr ’ V -(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) r“ "’ a -7 - ' ’ 3517' KTlmothy M . Younger ’ / ._////// (TYPE OR PRINT NAME) (SIGNATURE OF TY OR ATTORNEY)E Additional signatures ére attached. CM-“O [ReV-Ju'v 11°11] CASE MANAGEMENT STATEMENT CEB Pages“ www.ceb.com
