Statement Case Management Conference

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

Change Document Font | Size“ 21CV381 529 Santa Clara - Civil [Week Spelling II Email Form ”Save Forml QMeflfljstem A'I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Scott A. Berman (SBN 191460), Natasha M. Galvez (SEN 320784) BERMAN NORTH LLP 228 Hamilton Ave. , Third Floor Pale Alto, CA 94301 TELEPHONE No.2 (650) 463-9488 FAX N0. (Optional): E-MAIL ADDRESS (Optional): natasha@bermannorth. com ATTORNEY FOR (Name); Plaintiff MICHAEL HARBOUR FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/16/2021 2:48 PM Reviewed By: System System Case #21 CV381 529 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESs; 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose CA 95113 BRANCH NAME: Civil Division PLAINTIFF/PETITIONER: MICHAEL HARBOUR DEFENDANT/RESPONDENT; PURE BLUE MEDICAL, INC., et a1. Envelope: 7281522 CASE MANAGEMENT STATEMENT CASE NUMBER: Address of court (if different from the address above): (Check one): UNLIMITED CASE |:| LIMITED CASE Zlcvaslazg (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 28 Time: 10:00 alml Dept” 20 Div_: Civil Room: Notice of Intent to Appear by Telephone, by (name): Natasha M- Galvez 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): Plaintiff 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 complaintwas filed on (date): March 30, 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) E have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): Pure Blue Medical, Inc., Reeve Benaron (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): Description of ca_se a- Type 0f case In complaint E cross-complaint (Describe, including causes of action): Breach of contract, failure to pay earned wages, failure to pay minimum wage, waiting-time penalties, failure to pay wages on time, failure to provide proper wage statements, failure to indemnify necessary expenditures, retaliation in violation of Labor Code §§ 98.6 & 1102.5, wrongful termination in violation of public policy, misappropriation of name, image or likeness in violation of Civil Code § 3344 and common law, unjust enrichment, unfair competition, violations of Labor Code Private Attorney General Act of 2004. Form Adopted forMandatow Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-11o [Rev. July 1, 2011] Page 1 of 5 B Cal. Rules of Court,rules 3720-3730 www ceb com WWW.COLII'[S.CE.gOV lLfiheck Spelling II Email Form "Save Forml CM-110 h, PLAINTIFF/PETITIONER: MICHAEL HARBOUR CASE NUMBER! EFENDANT/RESPONDENT; PURE BLUE MEDICAL, INC., et a1. 21CV381529 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.) Defendants willfully misclassified Plaintiff and others as independent contractors while they worked from home and incurred reasonable expenses for which they were never reimbursed. Defendants also promised Plaintiff compensation for work performed in the form of salary, stock options and ownership interest in the company; Plaintiff began working for Defendants in or about March 2020 until his termination in or about September 2020. During this period, Plaintiff was not paid any of his promised salary nor granted his promised stock options and ownership interest, and Plaintiff repeatedly complained about non-payment. In or about September 2020, Defendants informed Plaintiff that he would have t0 accept a lower salary and smaller amount of stock options applied retroactively to work already performed. When Plaintiff objected to this, Defendants terminated his employment. Defendants continued to withhold Plaintiff's earned compensation as well as market heir company using ?laintiff‘s image and piography and fraudulently descgibing Plaintiff as the company's chief medical officer for months Sheffiifimore space Is needed, check th/s box and attach a page deSIgnated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case wi|| be ready for trial within 12 months ofthe date of the 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): December 6, 2021 (medlatlon), February 22, 2022 (arbitration), March 28, 2022 (trial). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 b. E hours (short causes) (specify): 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“ addr6553 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: Counsel 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 mandatory judicial 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 tojudicial 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Case involves multiple causes of action, amount in controversy as to any action exceeds $50,000. CM-110[Rev. July1,2011] CASE MANAGEMENT STATEMENT CEB Page20f5 www.ceb.com Change Document Font | Size ‘ P&heck Spelling || Email Form "Save F°m‘] CM-110 PLAINTIFF/PETITIONER: MICHAEL HARBOUR DEFENDANT/RESPONDENT; PURE BLUE MEDICAL, INC., et a1. CASE NUMBER: 21CV381529 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 al/ 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 >< DDDI 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 arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE DDDI ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): 0M-1 1o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT CEB Page 3 of 5 www.ceb.com rfiheck Spelling II Email Form “Save Forml CMfllO. PLAINTIFF/PETITIONER: MICHAEL HARBOUR CASE NUMBER: DEFENDANT/RESPQNDENT; puma BLUE MEDICAL, :Nc., et a1. 21CV381529 11. Insurance a. E Insurance carrier, if any. for party filing this statement (name): b. Reservation of rights: 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 pariy): 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 party, 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. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Plaintiff Written Discovery Per Code Plaintiff Oral Depositions Per Code C_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev.July 1,2011] CASE MANAGEMENT STATEMENT CEB Page40f5 www.ceb.com I Change Document Font | Size I I‘Lfiheck Spelling II Email Form “Save Forml CM-110 PLAINTIFF/PETITIONER; MICHAEL HARBOUR CASE NUMBER: DEFENDANT/RESPONDENT: pURE BLUE MEDICAL, INC., et a1, 21CV381529 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 will 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 (ifnot, explain): Defendants have not appeared in this action. Plaintiff intends to take default of both Defendants. 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 wi|| 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; 09/16/2021 Natasha M. Galvez } MWUgWJ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORgTORNEY) D (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY)E Additional signatures are attached. CM-m [ReV-Ju'v 1V 2°11] CASE MANAGEMENT STATEMENT C-EB ”965°” l www.ceb.com I Print this Form