Statement Case Management Conference

Cal. Super. - 6th Dist.March 30, 2021

ATTORNEY OR PARTY TNTHOUT ATTORNEY (Name, Stale ser rmmmlr, and address/I Christopher K. Karic (SBN 184765); Corey M. Timpson (SBN 328929) SELLAR HAZARD & LUCIA 201 North Civic Drive, Suite 145 Walnut Creek, CA 94596 FOR COURT USE ONLY CM-110 TELEPHQNENDJ (925) 938-1430 FAx No. (Dplmnar/r (925) 256-7508 E MAE. AoDRcss ckarlctmsellarlaw.corn; ctimpsonfisellarlaw.corn ATTORNEY FOR (N ms/: DefendantS AdVOque and AdVOque Safeguard, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ETREETAooREss: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 ERANDH NAME: Downtown Courthouse PLAINTIFF/PETITIONER: Paper 360, inc. DEFENDANT/RESPONDENT: Advoque, et El. CASE MANAGEMENT STATEMENT (Check one): ~x UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) CASE NUMEER: 2 I CV381 444 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 25, 2022 Time: 10:00 a.m. Dept.: 7 Address of court (i/different from the address above): Divd Room: ~x Notice of Intent to Appear by Telephone, by (name)2 Corey M. Timpson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~x This statement is submitted by party (name): Defendants Advoque and Advoque Safeguard, LLC b. ~ This statement is submitted jointly by parties (names)f 2 Complaint and cross-complaint (/o be answered by plaintiffs and cross-comp/ainants on/y) a. The complaint was filed on (date)J b. ~ The cross-complaint, if any, was filed on (da/e)( 3. Service (to he answered hy p/aint/ffs and cross-comp/ainan/s only) a. ~ 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 no/): (2) ~ have been served but have not appeared and have not been dismissed (spec//y names). (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (speci/y names, nature of involvement in case, and date by which they may be served): 4. Descdiption of case a. Type of case in ~x complaint ~ crass-complaint (Describe, including causes of action)( Breach of contract- written/oral; Breach of Warranty of Merchantability; Fraud; Resussion; Unfair Business Practices, F m Adopted for Mandalon Use Judicial Counml of 0 I f ml CM-110 (Re . September 1, 20211 CASE MANAGEMENT STATEMENT Pass' ofs Cal Rules of Court, rules 3.720-3.730 .courfs ca Oor Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/18/2022 3:18 PM Reviewed By: R. Fleming Case #21CV381444 Envelope: 8080479 21CV381444 Santa Clara - Civil R. Fleming PLAINTIFF/PETITIONER: Paper 360, Inc. DEFENDANT/RESPONDENT: Advoque, et sl. CASE NUMBER. 21CV381444 CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify lhe injury and damages claimed, including medical expenses to date jindicele source and amount), eslimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Plaintiff alleges Breach of Contract and Fraud relating to sale of N95 Respirator Masks. Defendants deny these allegations. ~ a nonjury trial. (If more than one party, provide the name of each party ~ (If more space is needed, check this box and attach a page designated as Allachmenl 4b.) Jury or nonjury trial The party or parties request ~x a jury tdial requesling a jury trialj: Trial date a. ~ The trial has been set for (date)r b. ~x No trial date has been set. This case will be readyfor trial within12 months of the date ofthe filing of the complaint (lf nol, explain): Discovery has just begun; will be ready for trial this year. c. Dates on which parties or attorneys will not be available for trial (specify dales and explain reasons for unavai/ability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specifynumber); 10 b. ~ hours (short causes) (specify): Trial representation (lo be answered for each party) The party or parties will be represented at tdial ~x by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: e. E-mail address:~ Additional representation is descdibed in Attachment 8, Preference~ This case is entitled to preference (specify code seclion): 10. Alternative dispute resolution (ADR) f. Fax number: g. Party represented: a. ADR information package. Please note that diiferent ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) ForpartiesrepresentedbycounsehCounsel ~x has ~ has not providedtheADRinformationpackageidentified in rule 3.221 to the client and reviewed ADR options with the client. (2) Forself-represented parties: Party ~ has ~ has not reviewedtheADR informationpackage identified inrule 3.221. b Referral to judicial arbitration or civil action mediation (if available). (1)~ This matter is subject to mandatory judicial 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)~ 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)~ 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 [Rom Soprom Oor 1, 2021] CASE MANAGEMENT STATEMENT PASO 2 of 0 PLAINTIFF/PETITIONER: Paper 360, Inc. DEFENDANT/RESPONDENT: Advcque, et al. CASE NUMBER: 21CV381444 CM-110 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): (1) Mediation The parly or parties completing this form are willing to participate in the following ADR processes (check all that app/y): 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'DR stipulation): ~x Mediation session not yet scheduled~ Mediation session scheduled for (dale):~ Agreed to complete mediation by (date):~ Mediation completed on (dale): (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 (dale):~ Agreed to complete neutral evaluation by (date):~ Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration ~ Judicial arbitration not yet scheduled~ Judicial arbitration scheduled for (dale):~ Agreed to complete judiaal arbitration by (dale):~ Judicial arbitration completed on (dale): (5) Binding private arbitration ~ Private arbitration not yet scheduled~ Private arbitration scheduled for (dete):~ Agreed to complete private arbitration by (dale):~ Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (date):~ ADR completed on (date)r cM-110IRee.s pt meara,20211 CASE MANAGEMENT STATEMENT PaSe 3 ere PLAINTIFF/PETITIONER: Paper 360, Inc. DEFENDANT/RESPONDENT: Advcqus, et al. CASE NUMBER'1CV381444 CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name)I b. Reservation of rights; ~ Yes ~ No c. ~ 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.~ Bankruptcy ~ Other (specify)r Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Nameofcase: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ Amotionto ~ consolidate ~ coordinate will befiledby(nameparty): 14. Bifurcation~ 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 ~ The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery b. ~x The following discovery will be completed by the date specified (describe aff anticipated discovery)I Party ~Dte Defendants Defendants Defendants Defendants Wiitten Discovery Third Party Discovery Depositions Expert Discovery Per Code Per Code Per Code Per Code c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IR e. Beptemeee1, 2021 I CASE MANAGEMENT STATEMENT Pegeeefe PLAINTIFF/PETITIONER: Paper 360, Inc. DEFENDANT/RESPONDENT: Advoque, et al. CASE NUMBER: 21CV381444 CM-110 17. Economic litigation a. ~ 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. ~ 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 lifigalion procedures relating to discovery or Iris( should not apply to this case): 18. Other issues~ 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. ~ 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 nof, 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)2 20. Total number of pages attached (if any): -0- I 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: January 18, 2022 COREY M. TIMPSON (TYPE OR PRINT NAMEI (de(IATURE ~PAR OJATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110[Rer.Score 5 r(,2021( CASE MANAGEMENT STATEMENT P Se5of5 I, Lorraine A. Smith, declare: PROOF OF SERVICE 3 I am employed in the County of Contra Costa, California in the offices of a member of the Bar of this Court, at whose direction this service was made. My business address is 201 North Civic Drive, 4 Suite 145, Walnut Creek, California. I am over the age of eighteen years and not a party to this 5 action. On the date given, I served the following document(s): DEFENDANTS ADVOQUE AND ADVOQUE SAFEGUARD, LLC 7 In the case entitled: Paper 360, Inc. v. Advoque, et al., Santa Clara County Superior Court, Case No. 21CV381444, on all interested parties through their attorneys of record as designated below: 8 10 (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Walnut Creek, California. I am familiar with my firm's practice whereby the mail is given the appropriate postage and is placed in a designated area to be deposited in a U.S. Mail box in El Dorado Hills, California, in the ordinary course of business. 12 (BY PERSONAL SERVICE) I hand delivered such envelope to counsel at the address as stated on the service list. 13 XX (BY ELECTRONIC MAIL) The document was transmitted in PDF format to each of the e- 14 mail addresses shown on the service list. 15 16 (BY ELECTRONIC FILING) I transferred the documents(s) through Lexis Nexis addressed to all interested parties on the Lexis Nexis E-Service electronic service list. I 7 I declare under the penalty ofperjury, under the la and correct. 18 DATED: January 18, 2022 19 of California, that the above is true LORRAINE A. SMITH 20 21 22 23 24 25 26 PROOF OF SERVICE 1 Case Name: Paper 360, Inc. v. Advoque et al. Santa Clara County Superior Court Case No.: 21CV3 81444 SERVICE LIST 10 Kennth Tanji, Jr. LT Pacific Law Group, LLP 17800 Castleton Sheet, ¹560 City of Industry, CA 91748 626-810-7200 Fax: 626-810-7300 ktaniimltoacificlaw.corn 12 13 14 15 16 17 18 20 21 22 23 24 25 26 PROOF OF SERVICE 2