Statement Case Management Conference

Cal. Super. - 6th Dist.March 29, 2021

21 CV381462 Santa Clara - Civil CMRI EBming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jahmal T. Davis, SBN 191504; Warren Hodges. SBN 287162 _ _ HANSON BRIDGETT LLp Electronlcally Flled 425 Market Street, 26th Floor by Superior Court of CA, San Francisco, CA 94105 County of Santa Clara, TELEPHONE No.: (41 5) 777-3200 FAX No. (Optional): (41 5) 541 -9366 0n 2,1 8/2022 11 :35 AM E-MAIL ADDRESS-jdavis@hansonbridgett.com; whodges@hansonbridgett.com Reviewed By: R. Fleming ATrORNEY FOR (Name).- Defendant SUTTER HEALTH case #21 CV381 462 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA . STREET ADDRESS: 191 NORTH FIRST STREET EnveloPe' 8325553 MAILING ADDRESS: 191 NORTH FIRST STREET CITY AND ZIP CODE: SAN JOSE 951 1 3 BRANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF/PETITIONER: Milan Radojicic, M.D. DEFENDANT/RESPONDENT: Sutter Health CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE D LIMITED CASE 21 CV381462 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 8, 2022 Time: 10:00 a.m. Dept: 19 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Warren Hodges INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): SUTTER HEALTH, erroneously sued as Sutter Health dba Palo Alto Foundation Medical Group, Inc. 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 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) D have not been sewed (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 date by which they may be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes of action): Violation 0f Health and Safety Code 1278.5; Violation of Labor Code §§ 1102.5, 6310; Business & Professions Code § 2056; Violation of Gov. Code §§ 12945.2, subd. (a),12945.2, subd. (1), 12926, subd. (o), 12940, subd. (h). 12940, subd. (k); False Promise; Adverse Action in Violation of Public Policy; Wrongful Death. 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. September 1, 2021] www.courts.ca.gov 18300508.1 American LegalNet, Inc. www.FormsWorkFlow.com _ CM-110 PLAINTIFF/PETITIONER: Radojicic, M.D. CAsE NUMBER: DEFENDANT/RESPONDENT: Sutter Health 21 CV381462 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.) This matter has been submitted to binding arbitration with JAMS. D (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 D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): This matter has been submitted to binding arbitration. 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 ofthe date of the filing of the complaint (if not, explain): This matter has been submitted to binding arbitration. 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. D days (specify number): b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E 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-mailaddress: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 g 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 self-represented parties: Party D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial 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 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 .1 1. (3) D This case is exempt from judicial arbitration under rule 3.811 0f the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-1 10 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 18300508.1 American LegalNeg Inc. www.FonnsWorkFlow.com _ CM-110 PLAINTIFF/PETITIONER: Radojicic, M.D. cAsE NUMBER: DEFENDANT/RESPONDENT: Sutter Health 21 CV381462 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 a/I that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Medlatlon D Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled _ Neutral evaluation scheduled for (date): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date):arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private g Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (6) Other (specify): D DUDE DUDE DUDE DDDDDDDDDDDD CM-1 10 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 18300508.1 American LegalNet, Inc. www.FonnsWorkFlow.com _ CM-110 PLAINTIFF/PETITIONER: Radojicic, M.D. CASE NUMBER: DEFENDANT/RESPONDENT: Sutter Health 21CV381462 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D 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 Bankruptcy D Other (specify): This matter has been submitted to binding arbitration. 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 133. b. D A motion to D consolidate D coordinate wi|| be filed by (name party): 14. Bifurcation D 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 D 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. D The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date 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 18300508.1 American LegalNet, Inc. www.meSWorkFlow.com CM-110 PLAINTIFF/PETITIONER: Radojicic, M.D. CASE NUMBER: DEFENDANT/RESPONDENT: Sutter Health 21CV381462 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. Other issues E The party or parties request that the following additional matters be considered or determined at the case management conference (specify): This case is in Arbitration with JAMS. An Arbitration date and Arbitrator has yet to be chosen. 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 of the 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 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: February 18, 2022 Warren Hodges } 7’7 J#f‘ /. , (TYPE OR PRINT NAME) fl (SIGN/ATLéE OF PARTY 0R ATTORNEY) P (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-1 10 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 18300508.1 American LegalNet, Inc. www.FomlsWorkFlow.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Milan Radojicic, M.D. V. Sutter Health dba Palo Alto Foundation Medical Group, et al. Santa Clara Co. Superior Court Case N0. 21CV381462 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County 0f Sacramento, State of California. My business address is 500 Capitol Mall, Suite 1500, Sacramento, CA 95814. On February 18, 2022, I served true copies 0f the following document(s) described as DEFENDANT SUTTER HEALTH'S CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address sfinch@hansonbridgett.com to the persons at the e-mail addresses listed in the Service List. I did not receive, Within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Executed 0n February 18, 2022, at Sacramento, California. V SUSAN FINCH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Milan Radojicic, MD. v. Sutter Health dba Palo Alto Foundation Medical Group, et al. Santa Clara C0. Superior Court Case N0. 21CV381462 Lawrance A. Bohm, Esq. Victoria Gutierrez, Esq. Kelsey K. Ciarimboli, Esq. BOHM LAW GROUP, INC. 4600 Northgate Boulevard, Suite 210 Sacramento, CA 95834 Telephone: (9 1 6) 927-5574 Facsimile: (916) 927-2046 Emails: lbohm@b0hmlaw.com vgutierrez@bohmlaw.com kelsev@b0hmlaw.com BLG000783@b0hmlaw.com Alden J. Parker, Esq. FISHER & PHILLIPS LLP 621 Capitol Mall, Suite 1400 Sacramento, CA 95814 Telephone: (9 1 6) 2 1 0-0400 Facsimile: (916) 210-0401 Emails: aparker@fisherphillips.com Brandon Kahoush, Esq. FISHER & PHILLIPS LLP One Embarcadero Center, Suite 2050 San Francisco, CA 941 1 1-3712 Telephone: (4 1 5) 490-9000 Facsimile: (4 1 5) 490-9001 Emails: bkahoush@fisherphillips.com vrathke@fisherphillips.com lhamann@fisherphillips.com Charles L. Thompson, Esq. Madeleine King Lee, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. One Embarcadero Center, Suite 900 San Francisco, CA 941 11 Telephone: (415) 536-3430 Facsimile: (415) 442-4870 Emails: Charles.thompson@0gletree.com madeleine.lee@ogletree.com theresa.fontes@ogletreedeakins.com Attorneysfor Plaintifl” MILANRADOJICIC, MD. Attorneysfor Defendant PALOALT0 MEDICAL FOUNDATION GROUP Attorneysfor Defendant PALO ALT0 MEDICAL F0UNDATION GROUP Attorneysfor Defendant STANDARD INSURANCE COMPANY