Statement Case Management ConferenceCal. Super. - 6th Dist.March 30, 202121CV381517 Santa Clara - Civil System System CM-110 ATTORNEY OR PARTY WlTHOUT ATTORNEY (Name, State Bar number, and address): Electromaflyrfiw James McManis (409gg); Tyler Atkinson (257997) . by Superior Court of CA,MCMANIS FAULKN 50 W. San Fernando St . , 10th Floor county Of santa Clara: San Jose, CA 95113 on 7/26/2021 3:54 PM TELEPHONE No.: (408) 27 9-8700 FAX No.(0pn'ona/): (4 O8) 27 9-3244 REViewed By: system system E-MAIL ADDRESS (Optional): tatkinson@mcmanislaw . com Case #21 CV381 51 7 ATTORNEYF0R(Name).- Plaintiff Phunware, Inc. Envelope: 6925425 SUPERiOR COURT OF CALIFORNIA, COUNTY OF santa Cl ara STREETADDRESS: 191 N. First Street MAILINGADDRESS: 191 N. First Street CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME; Downtown Courthouse PLAINTIFF/PETITIONER: Phunware, Inc. DEFENDANT/RESPONDENT: Wilson Sonsini Goodrich & Rosati CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): m UNLIMITED CASE D LIMITED CASE 2 1CV3 8 1 5 1 7 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August lO, 2021 Time: 2:15 p.m. Dept: 7 Div.: Room: Address of court (if different from the address above): D Notice of Intent to Appear by Telephone, by (name): 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): Plaint i ff , Phunware , Inc. b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (date): March 3 O , 2 02 l b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. m 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 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 ofinvo/vement in case, and the 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): Page 1 of 5 Form Ado ted for Mandator Use . JudiciahouncnofCaIifo¥nia CEB Essential CASE MANAGEMENT STATEMENT cariuzgglgggg-Cséggb CM-11o [Rev. July 1, 201 1] Egg E91111? www‘courtscagovcebmm CM-110 DEFENDANT/RESPONDENTZ Wilson Sonsini Goodrich & Rosati, Professi PLAINTIFF/PETITIONER: Phunware , Inc . CASE NUMBER: 2 1CV3 8 1 5 l 7 4. b. Provide a brief statement of the case, including any damages. (lfpersona/ 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 is an attorney malpractice action, with damages according to proof. 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 m a jury trial D a nonjury trial. (If more than one pafiy, provide the name of each party requesting a jury trial): 6. Trial date a. D Thetrial has been setfor (date): b. m No trial date has been set. This case will be ready for trial within 12 months ofthe date ofthe filing ofthe 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. m days (specify number): 5 - l O b. D hours (short causes) (specify): 8. Trial representation (t0 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel m 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 1141.1 1. (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-HOIReeruIy 1. 20111 CASE MANAGEMENT STATEMENT Pagezofs F " Essential gig“ £9393" CM-110 PLAINTIFF/PETITIONER:Phunware , Inc . DEFENDANT/RESPONDENTI Wilson Sonsini Goodrich & Rosati, Professi CASE NUMBER: 21CV381517 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 ofthe processes (attach a copy ofthe parties’ADR stipulation): (1) Mediation m Mediation session not yet scheduled a 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 a Settlement conference scheduled for (date): D Agreed to compiete settlement conference by (date): D Settlement conference completed 0n (date): (3) Neutrai evaluation D Neutral evaluation not yet scheduled D Neutra! 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 E] Judicial arbitration scheduled for (date): D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): (5) Binding private arbitration a Private arbitration not yet scheduled a Private arbitration scheduled for (date): D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): (6) Other (specify): D ADR session not yet scheduled D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-MO [Rev. July 1, 2011] 1c: ° Essential(LB m ceb.com ‘E'EQM"“3iyNM CASE MANAGEMENT STATEMENT Page30f5 CM-110 DEFENDANT/RESPONDENT'. Wilson Sonsini Goodrich & Rosati, Profession PLAINT1FF/PETITIONER:Phunware , Inc . CASE NUMBER: 2 l CV3 8 l 5 l 7 11. 12. 13. 14. 15. 16. Insurance a. a 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): Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.a Bankruptcy D Other (specify): Status: 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 A motionto D consolidate D coordinate will be filed by (name party): 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 parfy, type of motion, and reasons): Other motionsD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery a. D The party or parties have completed all discovery. b. m The following discovery will be compieted by the date specified (describe all anticipated discovery): Pa_rty Descrigtion > D_at_g Plaintiff written discovery per code Plaintiff oral discovery per code Plaintiff expert discovery per code c. D The following discovery issues, including issues regarding the discovery of electronically stored ififormation, are anticipated (specify): CM-HOIRev. Juty 1. 20111 CASE MANAGEMENT STATEMENT ’ Page 4of5 Gas" cebxom Essential flEgmfi" CM-110 PLAINTIFF/PETtTIONER: Phunware , I nc . CASE NUMBER;L 21cv381517 DEFENDANT/RESPONDENT'. Wilson Sonsini Goodrich & Rosati, Professio 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 will be filed (if checked, explain specifically why economic litigation procedures relating to discovely or trial should not apply to this case): 18. Other issuesD 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. m The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe 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): __________ I am completely familiar with this case and wiH 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 ofthe party where required. Dag July 26, 2021 T3719? Afkinson ’ g45 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CMSm“ M“ .201” CASE MANAGEMENT STATEMENT pagems PHUNW 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA I am employed in the County of Santa Clara, State of California. I am over the age 0f 18 and not a party t0 the within action; my business address is 50 West San Fernando Street, 10th Floor, San Jose, California 951 13. My email address is acervantes@mcmanislaw.com. On July 26, 2021 , I served the foregoing document described as: CASE MANAGEMENT STATEMENT 0n the parties in this action as follows: Allison Lane Attorneys for Defendant, Justin J_ Fields WILSON SONSINI GOODRICH & , . ROSATI, PROFESSIONALDuane Moms LLP CORPO TION Spear Tower One Market Plaza Suite 2200 San Francisco, CA 94105 alane@duanem0rris.com jfields@duanemorris.com (BY ODYSSEY EFILECA) Pursuant t0 Santa Clara Superior Court Local Rule 6(A),(C), a true and correct copy of the above described document/s was/were electronically served 0n counsel of record by transmission to Odyssey eFileCA. g (STATE) I declare under penalty 0f perjury un er the law 0f t tate of California that the foregoing is true and correct. Dated: July 26, 2021 \ L‘ ANA CE’WA'NTES/ V ' PROOF OF SERVICE, Case No.2 21CV381517
