Statement Case Management Conference

Cal. Super. - 6th Dist.April 1, 2021

21 CV381434 Santa Clara - Civil QMeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Daniel J. Mash (Bar # 123678) - - McPharlin Sprinkles & Thomas LLP EIGCtronI-cally Flled 160 W. Santa Clara St., Ste. 625 by SUPerlor court 0f CA, San Jose, CA 951 13 County of Santa Clara, TELEPHONE No.: (408) 293_1900 FAX No. (Optional): on 7/30/2021 11:02 AM E-MA'L ADDRESS (Optional)= dmash@mstpartners.com Reviewed By: System System ATTORNEYFOR(Name): in Pro Per McPharlin Sprinkles & Thomas LLP case #21 cv331434 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 6961 537 STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: MCPHARLIN SPRINKLES AND THOMAS LLP DEFENDANT/RESPONDENT: VASILI STRATTON, et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 Zlcv38 1434 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 10, 2021 Time: 1:30 p.111. Dept: 2 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Plaintiff 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): McPharlin Sprinkles & Thomas LLP 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):Ap1‘il 1, 2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E 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 and explain why not): Thalia Stratton as Trustee Of the Stratton Grandchildren’s Trust and Samos Enterpriese, LLC (2) have been served but have not appeared and have not been dismissed (specify names): Vasili Stratton - Ackn. signed 05/25/2021 - Response Due 06/24/2021. Katherine Stratton (on behalf ofboth trusts) - Ackn. signed 06/09/21 - Response Due 7/9/2021 (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 ca_se 3- Type 0f 0339 In complaint E cross-complaint (Describe, including causes of action): Complaint for interpleader. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rev. July 1, 201 1] www.coun‘s.ca.gov LexisNexis® Automated California Judicial Council Forms CM-110 h) PLAINTIFF/PETITIONER: MCPHARLIN SPRINKLES AND THOMAS LLP CASE NUMBER: EFENDANT/RESPONDENT: VASILI STRATTQN, et a], 21CV381434 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 is currently holding in it's Attorney Client Trust Account the amount 0f $3,000,000 Which was deposited by defendant Vasili Stratton in connection with the transfer and sale of certian membership interest in Samos Enterprises amongst the defendants. A dispute has arisen amongst defendants as to that transaction. Plaintiff seeks to deposit the funds With the Clerk 0f Court, so that the Court may then disburse the funds once a determination is made as t0 the defendants' underlying dispute. 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 a nonjury trial. (If more than one party, provide the name of each pan‘y requesting a jury trial): 6. Trial date a. E The trial has been set for (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): b. hours (short causes) (specify): 3 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'ma“ addr9353 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: 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 self-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 mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): 0M4“) [Rev' Ju'y 1' 2°11] CASE MANAGEMENT STATEMENT Page 2 °f5 LexisNexis® Automated California Judicial Council Forms CM-110 PLAINT'FF/PET'T'ONER MCPHARLIN SPRINKLES AND THOMAS LLP EEFENDANT/RESPONDENT: VASILI STRATTON et a]. CASE NUMBER: 21CV381434 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 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 processes (check all that apply): stipulation): (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) 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 Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER; MCPHARLIN SPRINKLES AND THOMAS LLP CASE NUMBER: DEFENDANT/RESPONDENT: VASILI STRATTQN, et a1_ 21CV381434 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: 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 13a. 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 pan‘y, type of motion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E 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 DescriQtion Date C_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Pa9e4 of5 LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: MCPHARLIN SPRINKLES AND THOMAS LLP CASE NUMBER: EEFENDANT/RESPONDENT: VASILI STRATTON’ ct a1. 2 1CV3 8 1434 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 wi|| 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 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 ofthe California Rules of Court, the parties agree on the following (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 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: July 30, 2021 Danlel J. Mash ’ \ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATI'ORNEY)E Additional signatures are attached. CM-m [ReV-Ju'v 1V 2°11] CASE MANAGEMENT STATEMENT Pages“ LexisNexis® Automated California Judicial Council Forms