Statement Case Management ConferenceCal. Super. - 6th Dist.March 25, 202121 CV381 128 Santa Clara - Civil ATTORNEY OR PARTY Wlfi-WUT ATTORNEY (Name. State Barnumben and addressja1 0402 Dayna Ellsworth Harris Personal Injury Lawyers, Inc. 55 S. Market Street, Suite 1010, San Jose. CA 951 13 TELEPHONE No..- 408-51 2-3600 FAX N0. (apo'anar):408.320.0092 EMAIL ADDRESS (Optional): Dayna@harrispersonalinjury.com ATTORNEY FOR (Name): Ashraf Essam Shoukr et al, SUPERIOR COURT OF CALIFORNIA. COU NTY OF santa Clara STREET ADDRESS: 191 N. 1st Street MAILING ADDRESS: 191 N_ 1st Street C'T" ANDZ'P CODE San Jose, CA 951 13 BRANCH NAME: Unlimited Civil PLAINTIFF/PETITIONER: Ashraf Essam Shoukr, et al DEFENDANT/RESPONDENT: Yu Chen, et aI Flectreni ' CM'110‘ EORC TUSEONLY by Superior § Court of A, County of Santa Clara, on 7/30/2021 4:29 PM Reviewed By: System Systerli Case #21 CV381 1 28 Envelope: 6965791 System System Address of court (ifdifferent from the address above): Notice of Intent to Appear by Telephone, by (name): Dayna Ellsworth CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE 21 CV381 128 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 10. 2021 Time: 3:45 PM Dept: 10 Div.: Civil 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): Ashraf Essam Shoukr, Colin James Tralongo. Dariush Ali Onsori, and Philip Labirin Penabella 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): March 25, 2021 b. E The cross-complaint. if any. was filed on (date): 3. Service (to be answered by plaintifi's and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served. have appeared. or have been dismissed. b. D 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 sewed but have not appeared and have not been dismissed (specily names): (3) E have had a default entered against fl1ern (special 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): Description of cage 3- TYPE 0f case "1 complaint E cross-complaint (Describe, including causes ofaclion): Personal Injury Case Pg: 1 or 6 mammmmflg‘e CASEMANAGEMENTSTATEMENT flaggfimfigd CM-1 10 [Ram July 1. 2011] www.wanugov CM-110 CASE NUMBER: 2 1 CV381 128 _ PLAINTIFF/PETITIONER: Ashraf Essam Shoukr, et al DEFENDANTIRESPONDENT: Yu Chen, et al 4. b. Provide a brief statement of the case. including any damages. (prersonal injury damages are sought, special the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Motor vehicle accident wherein plaintiffs sustained injuries as a result of Defendant's negligence. Ashraf Essam Shoukr medical special total over $10,200.91 Colin James Tralongo medical special total over $32,059.70. Dariush Ali Onsori medical special total over $16,250.00. Philip Labirin Penabella medical total over $37,277.50. Discovery is ongoing. 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 D a jury trial E a nonjury trial. (Ifmore man one party, provide me name of each party requesting a jury trial): 6. Trial date a. D The triai has been set for (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 parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trial: September 20-October 1. October 13- 22, November 1- 5, January 10 - 21 , 2022. Out of Country: July 26-30, August 12-1 3, August 23-27, September 6-10. October 25-29. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-5 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each pan‘y) The party or parties will be represented at trial m by the attorney or patty 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 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 patties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or clvll 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 mediationl 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 Iimit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1 . (3) E This case is exemgt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under ode of Civil Procedure section 1775 et seq. (special exemption): CM-“MRW-Ju'v 1- 20"] CASE MANAGEMENT STATEMENT mm” CM-1 10 _ PLAINTIFFIPETITIONERi Ashraf Essam Shoukr, etal DEFENDANTIRESPONDENT: Yu Chen, et al CASE NUMBER; 21 CV381 128 10. c. Indicate the ADR process or processes that the pany or parties are willing to participate in. have agreed to participate in. or have already participated in (check all (hat 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): lf 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): E (1 ) Mediation 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) Neutal 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 Judidal arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): DUDE] DUDE DUDE DUDE DDDD DUDE arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled D ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-11O [Rem July 1, 2011] Flue 3 of 6 CASE MANAGEMENT STATEMENT Chaim PLAINTIFFIPETITIONER: Ashraf Essam Shoukr, et al CASE “UMBER: _ 21 CV381 123 DEFENDANTJRESPONDENT: Yu Chen. et al 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 use 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 pan‘y): 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 ofmotion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specffil moving party, type ofmotion. and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery win be completed by the date specified (describe a1: anticipated discovery).- P_arE! Description J03 Plaintiff Discovery 2021 Plaintiff Depositions 2021 a E The following discovery issues. including issues regarding the discovery of electronically stored information, are anticipated (specifll): CM-1 1o [Rem July 1. 201 1] CASE MANAGEMENT STATEMENT Panuofs 0M410 PLAINTIFFIPETITIONER: Ashraf Essam Shoukr. et al CASE NUMBER:- 21 CV38“! 128 DEFENDANTIRESPONDENT: Y“ Chen. 3t a' 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, exprafn specificafly why economic iitigation procedures relating to discovery or tn'al 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 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 (Specim: 20. Total number of pages attached (if any): l am completely familiar with this case and will be fully prepared to discuss the status of discovery and attemative 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: July 21, 2021 Dayna Ellsworth. Esq. } ((9‘) il/E i {TYPE OR PRINT NAME) WWREOF PARTY 0R ATTORBEYJk D (TYPE OR PRINT NAME} {SIGNATURE OF PARTY 0R ATI'ORNEYJE Additional signatures are attached. CM-“NRW M”- 201'1 CASE MANAGEMENT STATEMENT “9° 5°”
