Statement Case Management Conference

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

21 CV381451 Santa Clara - Civil CM-110 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY R- F BARRY C. MARSH, ESQ. (SBN 99908) HINSHAW MARSH STILL & HINSHAW, LLP Electronically Filed 12901 Saratoga Avenue by Superior Court of CA,Saratoga, CA 95070 TELEPHONE No.: (408) 8 61-6500 FAX No.(0ptional): (4 O8) 257-6645 county Of santa Clara’ E-MAILADDREss: bmarsh@hinshaw-law . com on 2/1 4/2022 9:32 AM ATTORNEYFOR(Name): PalO Alto Foundation Medical Group RGViewed By: R. Fleming SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Case #21 CV381 451 STREETADDRESS: 191 N. First St . Enve|ope: 8280049 MAILING ADDRESS: CITYANDZIPCODE: San Jose, CA 95113 BRANCHNAME: Downtown PLAINTIFF/PETITIONER: BRAYDEN LE, a Minor, By and Th THANHTUYEN THI DINH DEFENDANT/RESPONDENT: GOOD SAMARITAN HOSPITAL, PAFMG, et . al . CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE D LIMITED CASE 2 1CV3 8 1 4 5 1 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 8 , 2 022 Time: lO : OO AM Dept: 2 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Barry C . Marsh , Esq . 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): Palo Alto Foundation Medical Group b. D 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, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| 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) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in m complaint D cross-complaint (Describe, including causes of action): Complaint for Damages Ieming Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California .CEB‘ Essential rules 3120-3130 CM-1 10 [Rev. September 1, 2021] ceb_com Epormg www.courts.ca.gov Le v. PAFMG, et al. CM-110 HAWHHWEHHONHtBRAYDEN LE, a Minor, by and cmEmmwm through His Guardian Ad Litem, Thanhtuyen Thi Dinh 21CV381451 DEFENDANT/RESPONDENT: ALLISON CHAN, M.D., et al. 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.) Alleged negligent evaluation, diagnosis, care and treatment of a newborn. D (If more 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 D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. D No trial date has been set. This case will be ready for trial within 12 months of the date ofthe filing of the complaint (if not, explain): c. Dates on which parties or attorneys wi|| not be available for trial (specify dates and explain reasons for unavailability): Barry Marsh is set for trials on: April 4-29, 2022; May 16-June 10, 2022; June 13-30, 2022; July 11-29, 2022; Aug. 12-24, 2022; Aug. 29-Oct. 13, 2022; Oct. 14-26, 2022; Nov. 14-30, 2022; Dec. 5-23, 2022; March 6-17, 2023; July 24-Aug. 4, 2023. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specifynumber): 10-15 b. D hours (short causes) (specify): 8. 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 D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:D Additional representation is described in Attachment 8. 9. PreferenceD 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel D has D 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: Party D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D 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) D This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of5 .CEB‘ Essential ceb.com EM" Le v. PAFMG, et al. CM-110 PLAINTIFF/PETITIONER: BRAYDEN LE, through His Guardian Ad Litem, DEFENDANT/RESPONDENT; ALLISON CHAN, M.D., a Minor, Thanhtuyen Thi Dinh CASE NUMBER: 21CV381451 by and et al. 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 m Mediation session not yet scheduled D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): (2) Settlement conference D Settlement conference not yet scheduled D Settlement conference scheduled for (date): D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): (3) Neutral evaluation D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration D Judicial arbitration not yet scheduled D Judicial arbitration scheduled for (date): D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): (5) Binding private D Private arbitration not yet scheduled D Private arbitration scheduled for (date): arb'tratlon D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-1 10 [Rev. September 1, 2021] .CEB‘ Essential ceb.com EM" CASE MANAGEMENT STATEMENT Page 3 of 5 Le v. PAFMG, et al. CM-110 HAWHHWEHHONHkBRAYDEN LE, a Minor, by and cmgmmwm through His Guardian Ad Litem, Thanhtuyen Thi Dinh 21CV381451 DEFENDANT/RESPONDENT: ALLISON CHAN, M.D., et al. 11. Insurance a. m Insurance carrier, if any, for party filing this statement (name): Ye s b. Reservation of rights: D Yes m No c. D 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 Bankru ptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:D Additional cases are described in Attachment 13a. b. D Amotion to D consolidate D coordinate wi|| be filed by (name party): 14. BifurcationD 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 motionsD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Defendant Written Discovery Per Code Defendant Depositions Per Code Defendant Expert Depositions Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 .CEB‘ Essential ceb.com EM" Le v. PAFMG, et al. CM-110 PLAINTIFF/PETITIONER:BRAYDEN LE, a Minor, by and CASENUMBER: through His Guardian Ad Litem, Thanhtuyen Thi Dinh 21CV381451 DEFENDANT/RESPONDENT: ALLISON CHAN, M.D., et al. 17. Economic litigation a. D 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. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery wi|| be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. OtherissuesD 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. D 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. D 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 (ifany): 0- | am completely familiar with this case and wi|| be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and wi|| 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: February fl! 2022 g 6 Mg/L BARRY C MARSH, ESO ’ (TYPE 0R PRINT NAME) ’ (SIGNATURE 0F PARTY 0R ATTORNEY) (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY)D Additional signatures are attached. CM-11o [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 ofs .CEB' Essential ceb.com BFM' Le v. PAFMG, et al. OLOOONODO‘IhOON-‘t NNNNNNNNAAAAAAAAAA NmmthAommN®m#WN-‘ 28 Law Offices of HINSHAW, MARSH, STILL & HINSHAW A Partnership 12901 Saratoga Avenue Saratoga, CA 95070 (408) 861-6500 PROOF 0F SERVICE (C.C.P. §§ 1013a, 2015.5) I, the undersigned, say: I am now and at all times herein mentioned have been over the age 0f 18 years, a resident 0f the State of California and employed in Santa Clara County, California, and not a party t0 the Within action 0r cause; my business address is 12901 Saratoga Avenue, Saratoga, California 95070. I am readily familiar with this firm’s business practice for collection and processing 0f correspondence for mailing With the U.S. Postal Service, mailing Via Federal Express, hand delivery Via messenger service, and transmission by facsimile machine. I served a copy 0f each of the documents listed below by placing said copies for processing as indicated herein. CASE MANAGEMENT CONFERENCE MAILED VIA U.S. MAIL, said copies were placed in envelopes Which were then sealed and, With postage fully prepaid thereon, on this date placed for collection and mailing at my place 0f business following ordinary business practices. Said envelopes Will be deposited With the U.S. Postal Service at Saratoga, California 0n this date in the ordinary course of business; and there is delivery service by U.S. Postal Service at the place s0 addressed. X (VIA ELECTRONIC SERVICE) I caused each 0f the above-named documents to be delivered by email t0 the parties Via One Legal E-Service upload link. MAILED VIA FEDERAL EXPRESS, said copies were placed in Federal Express envelopes Which were then sealed and, with Federal Express charges t0 be paid by this firm, 0n this same date placed for collection and mailing at my place of business following ordinary business practices. Said envelopes Will be deposited with the Federal Express Corp. on this date following ordinary business practices; and there is delivery service by Federal Express at the place so addressed. E-MAIL OR ELECTRONIC TRANSMISSION. I caused the documents t0 be sent t0 each party at their e-mail addresses of record (listed herein). I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. HAND DELIVERED, said copies were provided t0 , a delivery service, Whose employee, following ordinary business practices, did hand deliver the copies provided to the person or firm indicated herein. RECIPIENTS: Kenneth M. Sigelman, Esq. Mark A. Birmingham, Esq. KENNETH M. SIGELMAN & ASSOCIATES 1901 First Avenue, 2nd Flr. San Diego, CA 92101-23 82 ken@sigelmanassociates.com mark@sigelmanassociates.com Suzv@sigelmanassociatescom PROOF OF SERVICE 1 OLOOONOUO‘l-ROJN-‘t NNNNNNNNAAAAAAAAAA N®m#WNAO©mN®m#WN-‘ 28 Law Offices of HINSHAW, MARSH, STILL & HINSHAW A Partnership 12901 Saratoga Avenue Saratoga, CA 95070 (408) 861-6500 Cyrus A. Tabari, Esq. Anne S. Hillary, Esq. Sheuerman Martini Tabari Zenere & Garvin 1033 Willow Street San Jose, CA 95125 ctabari@smtlaw.com ahilleaw@smtlaw.com aaverv(d)smtlaw.com I certify (or declare) under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct and that this Declaration was executed on February 14, 2022. Ozgpatk «JMQQIWV Lynda Vargem Court: Santa Clara Superior Court Action N0: 21-CV-38 1451 Case Name: Le v. PAFMG, et al. PROOF OF SERVICE 2