Statement Case Management Conference

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

ATTORNEY OR PARTY YTITHOUT ATTORNEY (Name, State Bat number and addtessi. John L. Fitzgerald (SBN 126613) Law Offices of John L. Fitzgerald 177 Sovet Road, Suite 600 San Mateo, CA 94402 FOR CotlRT USE ONLY CM-110 TELEPHONE NOJ 650-638-2386 E-MAiL AooREss (Dpronali john@jlfitzgeraldlaw.corn ATTORNEY FOR (Namet Defendant DOuglaS ArrOyO SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADoREsS 191 N, First Street MAILING ADDRESS OITYANDZIPDDDE. San Jose, CA 95113 BRANCH NAME'AX NO. (Optional) PLAINTIFF/PETITIONER: FsstPBncil, Inc. DEFENDANT/RESPONDENT: Douglas Arroyo, Bt BI CASE MANAGEMENT STATEMENT (Check one)( ~x UNLINIITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER 2 I CV379044 A CASE IIIIANAGENIENT CONFERENCE is scheduled as follows: Date: September 28, 2021 Time: 10:00 a.m. Dept.: 7 Address of court ((f different from the address above)( Divx Room: ~x Notice of Intent to Appear by Telephone, by (name)( INSTRUCTIONS: All applicable boxes must be checked, and the speciffed information must be provided. 1. Party or parties (answer one): a. ~x This statement is submitted by party (nsme)( Defendant Douglas Arroyo b. ~ This statement is submitted jointly by parties (namesj: 2 Complaint and cross-complaint (to be answered by p(ainliffs and cross-complainan(s only) a. The complaint was filed on (date)( b. ~ The cross-complaint, if any, was filed on (dale): 3. Service (to be answered by plaintiff and cross-complainants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names Bnd explain why not)( (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names)( c. ~ 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 ~x complaint ~ cross-complaint (Describe, including causes of action): The complaint alleges causes of action for breach of contract, breach of fiduciary duty, conversion, and civil action under Penal Code section 502(a). Form Adopted (ot Mandaloty Use Judhctat Counwl of Caltfomta cM110[Rey July 1,2011I CASE MANAGEMENT STATEMENT Page 1 of 5 Cel Rules of Court, rules 3 720-3 730 www.cauda ce gou Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/17/2021 2:40 PM Reviewed By: System System Case #21CV379044 Envelope: 7290717 21CV379044 Santa Clara - Civil System System PlAINTIFF/PETITIONER FsstPencil, Inc. DEFENDANT/RESPONDENT: Douglas Arroyo, et BI CASE NUMBER. 2 t CV379044 CM-110 4. b. Provide a brief statement of the case, including any damages. (If personal Inju/y damages sre sought, speci/Y the Injury and damages claimed, including med/cai expenses to date (/ndicate soume and amount), estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, descnbe the nature of the relief) Plaintiff seeks damages based upon allegations that defendant gained access to corporate documents. Defendant denies the allegations, and denies plaintiff has sustained any damages due to an acts or omissions by defendant. ~ a nonjury triaL (If more than one party, prov/de the name of each party ~ (If mora space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial a. The party or parties request ~x a jury trial requesting s jury trial): Trial date a. ~ Thetrial has been setfor (date)/ b. ~x 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. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unsvs//sbi//iy): Counsel is available for trial after April 2022. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number): 5-7 b. ~ hours (short causes) (specify)/ Trial representation (to be answered for each party) The party or parties will be represented at trial ~ by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address:~ Additional representation is descrtibed in Attachment 8. g. Party represented Preference~ 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 ~ has ~ 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: Party ~ has ~ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ 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)~ 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)~ 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. (spec/fy exemption]/ cM-110 IRev. July 1, gc11) CASE MANAGEMENT STATEMENT Pegege/5 PLAINTIFF/PETITIONER: FsstPencil, Inc. DEFENDANT/RESPONDENT: Dougles Arroyo, et Bl CASE NUMBER; 21CV379044 CII-110 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 a// that apply snd provide lhe specified /nfonnat/on)/ (1) Mediation The party or parties completing this form are willing to participate in the following ADR processes (check a// 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 (alfsch a copy of the parties'DR stipulation): ~x Mediation session not yet scheduled~ Mediation session scheduled for (date):~ Agreed to complete mediation by (date)/~ Mediation completed on (date): (2) Settlement conference ~x Settlement conference not yet scheduled~ Settlement conference scheduled for (da/e)/~ 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):~ Pdivate arbitration completed on (da/e)/ (5) Other (spec/fy): ~ ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (date)/~ ADR completed on (date): cM-110 [Rey July 1, 201 1I CASE IIANAGEIIENT STATEIIENT Pugu 3 uf 6 PLAINTIFF/PETITIONER: FastPsncil, Inc. DEFENDANT/RESPONDENT: Douglas Arroyo, st al CASE NUMBER'1CV379044 CNI-110 11. Insurance a ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights; ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (exp/a/n)/ 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy ~ Other (specify)/ Status: 13. Related cases, consolidation, and coordination a. ~x There are companion, underlying, or related cases. (1) Name of case: Arroyo v. FastPencil, Inc. (2) Name of court: Santa Clara County Superior Court (3) Case number; 19CV359098 (4) Status: Judgment entered~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ 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 ofmotion, 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): Per Code Per Code Per Code 16. Discovery a. ~ The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe a// anticipated discovery): ~Prt Descriotion Defendant Written Discovery Defendant Depositions Defendant Expert Discovery ~Dat c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (spec/fy): CM110 [Reu. July 1, 261 1 ] CASE MANAGEMENT STATEIIENT sllse 4 ef 6 PLAINTIFF/PETITIONER: FsstPencil, Inc. DEFENDANT/RESPONDENT: Douglas Arroyo, et Bl CASE NUMBER'1CV379044 17. Economic litigation a. ~ 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. ~ 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~ The party or parties request that the following additional matters be considered or determined at the case management conference (speci('y): 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 of the California Rules of Court (ifnot, explain): b. ~x After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): Parties will consider the possibility of mediation. 20. Total number of pages attached (if sny)i I 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: September 17, 2021 John L. Fitzgerald (TYPE OR PRINT NAME) TY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM I ID [Rav iulr I, 2011 ) CASE ItANAGEI)jtENT STATEhllENT Pago 5 of 5 sTATE'A zIP DDDE 94402 FAX NO: PLAINTIFF/PETITIONER: FastPencil, Inc. DEFENDANT/RESPONDENT: Douglas Arroyo, et al ATTORNEYORPARTYINITHOUTATIORNEY: STATE BAR NO. 126,613 NAME'ohn L. Fitzgerald FIRM NAME. Law Offices of John L, Fitzgerald smEETAoDREss 177 Bovet Road, Suite 600 cin'i San Mateo TELEPHQNE No.. 650-638-2386 E-MAR ADDREss john@jlfitzgeraldlaw.corn ATToRNEY FoR(name/ Defendant Douglas Arroyo SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara sTREE~AoDREss 191 North First Street MAILING ADDRESS DITYANDztpcoDE'an Jose, CA 95113 BRANCH NAME: POS-050/EFS-050 FOR COURT USE ONLY CASE NUMBER: 21CV379044 JUDICIAL OFFICER PROOF OF ELECTRONIC SERVICE DEPARTMENT: 1. I am at least 18 years old. a. My residence or business address is (specify)/ Law Offices of John L. Fitzgerald 177 Bovet Road, Suite 600 San Francisco, CA 94104 b. My electronic service address is (specify): john@jlfitzgeraldlaw.corn 2 I electronically served the following documents (exact titles): Case Management Statement ~ The documents served are listed in an attachment. (Form POS-050(D)/EFS-050(D) msy be used for this purpose.) 3. I electronically served the documents listed in 2 as follows: a. Name of person served: Christopher K. Karic On behalf of (name or names ofparties represented, ifperson served is an attorney)/ Plaintiff Fastpencil, Inc. b. Electronic service address of person served: ckaric@sellarlaw.corn c. On (date)/ September 17, 2021 ~ The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment. (Form POS-050(/2)IEFS-050(P) may be used for this purpose.) Date: September 17, 2021 I declare under penalty of perjury under the laws of the State of California that the foregoin is true d corr ct. JOHN L. FITZGERALD (TYPE OR PRINT NAME OF DECLARANT) UIIE OF DECLARANTI Pass I of 1 Form Approved for Optional Uae Judicial Counml of Csldomis PosoSDIEFsJI50 IRev. Feuruaiv I, 201 7I PROOF OF ELECTRONIC SERVICE (Proof of Service/Electronic Filing and Service) Cel. Rules ol Court, rule 2 251 www courts ce Sov SHORT TITLE: FastPencil, Inc. v. Arroyo, et al CASE NUMBER: 21CV379044 POS-050(P)/EFS-050(P} ATTACHMENT TO PROOF OF ELECTRONIC SERVICE (PERSONS SERVED) (This altechmentis for use with form POS-050/EFS-050.) NAMES, ADDRESSES, AND OTHER APPLICABLE INFORMATION ABOUT PERSONS SERVED: Name of Person Served (If the person served is an attorney, the party or parties represented should also be slated.) Corey M. Timpson (for plaintiff) Electronic Service Address ctimpson@sellarlaw.corn Date of Electronic Service Date: September 17, 2021 Date: September 17, 2021 Teresita Elias (for plaintiff) teliasOsellarlaw.corn Nicole Murphy (fro plaintiff) nmurphy@sellarlaw.corn Date: September 17, 2021 Date; Date: Date; Date: Date: Date: Date: Date: Date: Form nonmv'di'roor'n'iue'TTACHIVIENT TO PROOF OF ELECTRONIC SERVICE (PERSONS SERVED) Judicial Counet of Celifomla PQS050IPI/SFS-050(P) (Proof of Service/Electronic Filing and Service) IRav February 1, 2017] Page 2 of 2