Statement Case Management Conference

Cal. Super. - 6th Dist.March 24, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/20/2021 2:18 PM Reviewed By: System System Case #21CV381110 Envelope: 6886505 21CV381110 Santa Clara - Civil System SystemCM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Slate Bar numben and address): FOR COURTUSEONLY Michael G. Ackerman 64997 Law Offices of Michael G. Ackerman 2391 The Alameda, Suite 1 00 Santa Clara CA 95050 TELEPHONE No.: (408) 261 -5800 Fax no. (Optionat): (408) 261-5900 E-MAIL monessmpmw): mga@mgackermanlaw.com monusv soRmame): Defendant, Panida Chinsupakul SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F Santa Clara STREET ADDRESS: 191 North First St. MAILING ADDRESS: CITYAND ZIP CODE: San Jose 951 1 3 amen NAME Downtown Superior Court (DTS) PLAINTIFFIPETITIONER: Anne Ting; Jack Ting; Nicole Ting-Yap DEFENDANTIRESPONDENT: Panida Chinsupakul CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one).- m UNLIMITED CASE D LIMITED CASE 21 CV3“ 1 1 ° (Amount demanded (Amount demanded is $25,000 exceeds $25.000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8/3/2021 Time: 2:1 5 p.m. Dept.: 7 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Attorney for Defendant, Michael G. Ackerman 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): Defendant, Panida Chinsupakul 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): b. D The cross-complaint. ifany. wasfiled on (dale): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E All parties named in the complaint and cross-complaint have been sewed. have appeared. or have been dismissed. g 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 (specily names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specily names. nature of involvement In case, and date by which they may be served): 4. Description of case a. Type of case in E complaint E cross-complaint (Describe, including causes of action): Complaint for Damages and lnjunctive Relief . Pm 1 o1 a “fimfiflgfifgmgse CASE MANAGEMENT STATEMENT fligu'gz‘ggffo CM~110 [Rem Juty 1. 2011] mmmmgov CM-110 CASE NUMBER: PLAINTIFFIPETITIONER: ' ’ ' ' ' ' -Anne Ting, Jack ng, Nicoleng Yap 21 CV381 1 1 o DEFENDANTIRESPONDENT: Panida Chinsupakul i4. b. Provide a brief statement of the case. including any damages. (Ifpersona! injwy damages are sought, specify the injury and i damages claimed, including medical expenses to dare [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.) Claims for conversion, violation of right of privacy, violation of P.C. Section 502, etc., allegedly arising from downloading data and information from a Raid 5 storage device. 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. (If more than one party, provide the name of each party requesting a juny trial): 6. Trial date 5 a. E The trial has been setfor (date): b. m 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 anies or attornegs will not be available for trial (specify dates and explain reasons for unavailability): 11/1 5-1 1/1 9/2 21 - TRIAL 3/2 4/02/2021 -TR|AL 3/1 4-3/1 7/2021 -TRIAL 7. Estimated length of trial The party or parties estimate that the trial wiil take (check one): a. E days (specify number):4 b. E hours (short causes) (specify): 78. 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 E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE This case is entitled to preference (speciw 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 sub’ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediatior: under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory imit. (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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specifil exemption): CM-m [Rem M“- 2°111 CASE MANAGEMENT STATEMENT PW“ 5 CM-110 DEFENDANT/RESPONDENT: Panida Chinsupakul PLAINTIFFIPETITIONER: Anne Ting; Jack Ting; Nicole Ting-Yap CASE "UMBER 21 CV381 1 1 0 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 DDDD DUDE DUDE [IUDD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rem July 1. 2011] CASE MANAGEMENT STATEMENT Page 3o! 5 CM-110 - PLAINTIFFIPETITIONER: Anne Ting; Jack Ting; Nicole Ting-Yap DEFENDANTIRESPONDENT: Panida Chinsupakul CASE NUMBER: 21 CV381 1 1 O 11. z % i Insurance a. E Insurance carrier. if any. for party filing this statement (name): b. Reservation of rights: D 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.D Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination . 4.. m,-n.... 14. a. m There are companion. underlying. or related cases. (1) Name of case: In re: Marriage of Chinsupakul and Ting (2) Name of court:Santa Clara (3) Case number: 20-FL-OO3262 (4) Status: pending but on appealE Additional cases are described in Attachment 13a. b. E Amotionto E consolidate E coordinate will be filed by (name party): Bifurcation action (speciol moving party, type of motion. and reasons): 15. Other motions :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): ma 915mg Defendant Depositions of Plaintiffs c, m The following discovery issues. including issues regarding the discovery of electronically stored information. are anticipated (spechy): Scope of documents to be produced and deposition questions E The party or parties expect to file the following motions before trial (specify moving party. type of motion. and issues): Demurrer and Motion to Strike- 9/28/2021 Motion for Protective Order- date TBD E The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes of next 90-1 20 days CM'm‘ReV' Ju'y 1' 2°11] CASE MANAGEMENT STATEMENT Pagedots‘ CM-110 PLAINTIFF/PETITIONERzAnne Ting; Jack Ting; Nicole Ting-Yap CASE NUMBER- 21 CV381 1 1 0 DEFENDANT/RESPONDENT: Panida Chinsupakul 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 panies 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 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 (specily): 20. Total number of pages attached (if any): l am completely familiar with this case and will be fully prepared to discuss the status oi 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 require x Date: July 20,2021 ///’ MichaelG.Ackerman ’ [4/ b fi/V (TYPE 0R PRINT NAME) // /GNATLKE 0F PARTY 0R ArronNEY) (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY)D Additional signatures are attached. CM-WREV- July 1- 201" CASE MANAGEMENT STATEMENT M 5°“