Statement Case Management ConferenceCal. Super. - 6th Dist.March 3, 202121 CV3791 19 Santa Clara - Civil fiMmstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Yvonne V. Jorgensen (Bar No. 136264) FOR COURTUSE ONLY VAN DE POEL, LEVY, THOMAS, ARNEAL LLP Electronically Filed 1600 South Main Street, Suite 325 by Superior Court of CA i Walnut Creek, CA 94596 TELEPHONE No.: 925-934-61 02 FAX N0. (Optional): 925-934-6060 E-MAILADDRESS (Optional): yjorgensen2vanlevylaw.com ATTORNEY FOR (Name): Plaintiff Live Nation Worldwide County of Santa Clara, on 7/6/2021 11:25 AM Case #21 CV3791 19 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Envelope: 6784189 PLAINTIFF/PETITIONER: MICHELLE KISS DEFENDANT/RESPONDENT: LIVE NATION WORLDWIDE, INC. Reviewed By: System System CASE MANAGEMENT STATEMENT (Check one): E UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 21 CV3791 19 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 20, 2021 Time: 1:30 p.m. Dept: 2 Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Yvonne V. Jorgensen Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Live Nation Worldwide, Inc. b. E This statement is submitted jointly by parties (names): 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) Complaint and cross-complaint (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 ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint E cross-complaint (Describe, including causes ofaction): Page 1 of 5 C |. R | fC rt,Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT ?UIeSu3é7sz%_3<-)7u3o Judicial Council of California CM-110 [Rev. July 1, 201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: MICHELLE KISS CASE NUMBER: DEFENDANT/RESPONDENT: LIVE NATION WORLDWIDE, INC. 21CV3791 19 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 Michelle Kiss alleges she suffered injuries when she fell at a Luke Bryan concert. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties requestE 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 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 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): 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 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-mailaddress: g. Party represented:E 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: Counsel 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: Party E 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): 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 1141.11. (3)E 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. July 1, 201 1] CASE MANAGEMENT STATEMENT ”992°” CM-110 PLAINTIFF/PETITIONER: MICHELLE KISS CASE NUMBER: DEFENDANT/RESPONDENT: LIVE NATION WORLDWIDE, INC. 21CV3791 19 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 If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduledE Mediation session scheduled for (date): 1 M ' ' -( ) edlatlon E Agreed to complete mediation by(date):E Mediation completed on (date): Settlement conference not yet scheduledE Settlement conference scheduled for(date):(2) Settlement conference E Agreed to complete settlement conference by(date):E Settlement conference completed on (date): E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date): 3 N t | | t'( ) eu ra eva ua Ion E E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbinding judicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduledE ADR session scheduled for (date): (6) Other (specify): E E Agreed to complete ADR session by (date):E ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of5CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: MICHELLE KISS CASE NUMBER: DEFENDANT/RESPONDENT: LIVE NATION WORLDWIDE, INC. 21CV3791 19 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 133. 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 motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 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): Party Description Date Live Nation Worldwide A|| Discovery Per Code 10/21 c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT P3994 °f5 CM-110 CASE NUMBER: 2 1 CV3791 19 PLAINTIFF/PETITIONER: MICHELLE KISS DEFENDANT/RESPONDENT: LIVE NATION WORLDWIDE, INC. 17. Economic litigation a E Thls Is a llmlted 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 addltlonal dlscovery WIII be fled (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 of the Callfornla Rules 0f Court (ifnot, explain): b E After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the followmg (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 alternatlve dlspute resolutlon as well as other Issues ralsed 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: July 6, 2021 } yawn“, V9WYvonne V. Jorgensen (TYPE OR PRINT NAME) (SIGNATURE OF PAMY ORKTTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAME) E Additional signatures are attached. Page 5 of 5CASE MANAGEMENT STATEMENTCM-110 [Rev. July 1, 2011] \OOONONUl-PUJNp-t NNNNNNNNHHr-‘r-tr-‘r-‘p-tr-AHH flOUI-PUJNF-‘OKOOONONUI-PUJNF-‘O 28 VAN DE POEL, LEW, THOMAS, ARNEAL LLP ATFORNEYS AT LAW 1600 South Main Plaza Suite 325 Walnut Creek, m 94596 Telephone: (925) 934-6102 Fatsimile: (925) 934-6060 PROOF OF SERVICE I am employed in the County of Contra Costa, State 0f California. I am over the age of 18 and am not a party to the Within action. My business address is at Van De Poel, Levy, Thomas, Arneal LLP, 1600 South Main Plaza, Suite 325, Walnut Creek, CA 94596. On July 6, 2021, I served the foregoing document(s) described as: Case Management Statement on all other parties and/or their attorney(s) of record t0 this action as follows: *** SEE ATTACHED SERVICE LIST *** [ ] By United States Postal Service: I am a resident 0f, 0r employed in, the county Where the mailing occurs; I am over the age of 18 years and am not a party t0 the cause. I am readily familiar with the business' practice for collection and processing 0f correspondence for mailing with the United States Postal Service. The envelope was placed for deposit in the United States Postal Service at Van De Poel, Levy, Thomas, Arneal LLP, in Walnut Creek, California on July 6, 2021. The envelope was sealed and placed for collection and mailing With first-class prepaid postage 0n that date following ordinary business practices. Service made pursuant to CCP § 1013a(3), upon motion of a party served, shall be presumed invalid if the postal cancellation date 0r postage meter date on the envelope is more than one day after the date 0f deposit for mailing contained in the affidavit. [X ] By Electronic Transmission ONLY: By e-mailing the attached document(s) t0 the person(s) at the e-mail address(es) listed below 0n July 6, 2021, that during the Coronavirus (C0Vid-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. N0 electronic message 0r other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. [ ] By Facsimile: By faxing a copy 0f the above-referenced document(s) t0 the addressee at the number set forth beneath their above-listed address. At the completion 0f the transmission, a Transmission Report was generated, confirming transmission and receipt by the addresse(es). [ ] By Personal Delivery: By personally delivering a true copy thereof to the person(s) and at the address(es) set forth below. [ ] By Overnight Delivery: At the address(es) listed herein above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best 0fmy knowledge. Executed on July 6, 2021, at Walnut Creek, Contra Costa County, California. 1M D&SLZ/w/ Signor's Name {01927443} 1 Proof of Service \OOONQUI-PUJNv-t NNNNNNNNHHr-‘r-tr-‘r-Ap-tr-AHH flQUI-PUJNF-‘OKDOONONUI-PUJNF-‘O 28 VAN DE POEL, LEW, THOMAS, ARNEAL LLP ATFORNEYS AT LAW 1600 South Main Plaza Suite 325 Walnut Creek, m 94596 Telephone: (925) 934-6102 Fatsimile: (925) 934-6060 SERVICE LIST Case: Michelle Kiss V. Live Nation Worldwide, Inc. Court: Santa Clara County Superior Court Case N0. 21CV3791 19 Represent: Live Nation Worldwide, Inc. Roger D. Hecht, Esq. FARLING, HACHT & DAVIS, LLP 96 N. Third Street, Suite 660 San Jose, CA 951 13 Telephone: 408-295-6100 Email: rogerébfarlinghechtanddavis.com Attorneys for Plaintiff Michelle Kiss {01927443} Proof of Service