Statement Case Management ConferenceCal. Super. - 6th Dist.March 3, 202121 CV3791 12 Santa Clara - Civil cm-11o ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): WILLIAM J. FRIMEL (Bar No. 160287) SEUBERT FRENCH FRIMEL & WARNER LLP 1075 Curtis Street Menlo Park, CA 94025 TELEPHONE No.: 650.322.3048 E-MAIL ADDRESS (Optional): bi||@Sffw|aw.Com ATTORNEY FOR (Name): CAPITAL ASSET EXCHANGE AND TRADING, LLC FAX NO. (Optional): C‘ yaLUIII u FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/14/2021 2:10 PM Reviewed By: System System SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS; CITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME: Case #21 CV3791 1 2 Envelope: 6846589 PLAINTIFF/PETITIONER: CAPITAL ASSET EXCHANGE AND TRADING, LLC DEFENDANT/RESPONDENT: OEM GROUP EAST, LLC Address of court (if different from the address above): fi Notice of Intent to Appear by Telephone, by (name): William Frimel CASE MANAGEMENT STATEMENT ZqSEQ/Ug'fgfi 12 (Check one): g UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 20, 2021 Time: 3:45 pm Dept: 19 Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. b. D This statement is submitted jointly by parties (names): g This statement is submitted by party (name): CAPITAL ASSET EXCHANGE AND TRADING, LLC ("CAET") 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 3/3/2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. X The following parties named in the complaint or cross-complaint (1) g have not been served (specify names and explain why not): Confirming performance of possible settlement (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): 4. Description of case Type of case in E complaint Complaint for breach of contract. a. D cross-complaint (Describe, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Cou ncil of California CASE MANAGEMENT STATEMENT rules 3720-3130 CM-1 10 [Rev. July 1, 201 1] www.courts.ca‘gov American LegalNet, Inc. www.FormsWorkFlow.com , CM-110 PLAINTIFF/PETITIONER: CAPITAL ASSET EXCHANGE AND TRADING, LLC $53733? 1 2 _DEFENDANT/RESPONDENT: OEM GROUP EAST, LLC 4. b. Provide a brief statement of the case, including 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. If equitable relief is sought, describe the nature of the relief.) OEM failed to sell the equipment to CAET as agreed. CAET has been, and remains, ready and willing to fullperform but OEM refuses to make CAETs performance possible and has taken steps to prevent CAET‘s perfbrmance. 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 D a jury trial g a nonjury trial. (If more than one party, provide the name of each parfy requesting a jury trial): 6. Trialdate a. D The trial has been set for (date): b. g No trial date has been set. This case wi|| be ready for trial within 12 months of the date ofthe 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): 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. g days (specify number): 3-5 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 X 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 self-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 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) D Plaintiff elects to refer this case tojudicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.1 1. (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): CM-110[Rev.JuIy1,2011] CASE MANAGEMENT STATEMENT Page20f5 American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 PLAINTIFF/PETITIONER: CAPITAL ASSET EXCHANGE AND TRADING, LLC CASE NUMBER: D-EFENDANT/RESPONDENT: OEM GROUP EAST, LLC 21 CV3791 12 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 (specify): DUDE DUDE DUDE DUDE DUDE DD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 10 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page3of5 American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 PLAINTIFF/PETITIONER: CAPITAL ASSET EXCHANGE AND TRADING, LLC Eqsaygfgfi 1 2 TDEFENDANT/RESPONDENT: OEM GROUP EAST, LLC 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 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 13a. b. D A motion to D consolidate D coordinate wi|| be filed by (name party): 14. Bifurcation D The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes 0f action (specify moving pariy, type of motion, and reasons): 15. Other motions D The party or parties expect t0 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 E The following discovery wi|| be completed by the date specified (describe all anticipated discovery): Party Description Date CAET Fact discovery January 2022 CAET Expert discovery March 2022 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIReV-Ju'v 12°11] CASE MANAGEMENT STATEMENT Page4°f5 American LegalNet, Inc. www.FormsWorkFlow,com . CM-110 PLAINTIFF/PETITIONER: CAPITAL ASSET EXCHANGE AND TRADING, LLC $33,”???- 12 ?EFENDANT/RESPONDENT: OEM GROUP EAST, LLC 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 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. D 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 (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): 0 | 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 wi|| possess the authority to enter into stipulations on these issues at the time 0f the case management conference, including the written authority of the party where required. Date: July 13, 2021 William J. Frimel > WWQFM (TYPE OR PRINT NAM E) (SIGNATURE F PARTY OR ATTORNEY) D (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIReV-Ju'v 12°11] CASE MANAGEMENT STATEMENT Pages“ American LegalNet, Inc. www.FormsWorkFlow.com .