Statement Case Management Conference

Cal. Super. - 6th Dist.April 7, 2021

21 CV381 742 Santa Clara - Civil System System ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Electronmaqwmv CM 110 Sean M. Novak (SBN 198307) and Etisheva Rafael (SBN 325829) by Superior Court 0f CA, THE NOVAK LAW FIRM, P.C. County of Santa Clara, 8383 Wilshire Blvd, Ste. 634, Beverly Hills, CA 90211 on 8/2/2021 9:06 PM TELEPHONEN0.; (323) 4244313 FAxwo.(Opa-onau;(323) 424-4357 Reviewed By: System System E-MAILADDRESS (Optionau: smn@novaklawfirm.com Case #21 CV381 742 ATTORNEY FORrName): Plaintiff Sosthenes Adams Envelope: 6979971 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDRESS: 191 North First Street MAILING ADDRESS: C'TYAND Z'P CODE: San Jose, Caiifornia 951 13 BRANCH NAME Downtown Superior Court PLAtNTIFF/PETITIONER: DEDRICK WARMACK DEFENDANT/RESPONDENT: PALO ALTO UNIFEED SCHOOL DISTRICT CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 21CV381 742 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 17, 2021 Time: 2:15 PM Dept: 7 Div.: Room: Address of court (if different from the address above): E 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. This statement is submitted by party (name): Plaintiff DEDRICK WARMACK 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): Aprii 7, 2021 b. [:3 The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-compiaint have been sewed, have appeared, or have been dismissed. b. [:1 The following parties named in the complaint or cross-compfaint (1) [j have not been served (specify names and explain why n00: (2) [:3 have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The foilowing additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of ca_se 3- Type 0f 0339 m compiaint E: cross-complaint (Describe, including causes of action): Please See Attachment Page 1 of 5 Form Adopted for Mandatory Use Cat. Ruies of Coufi, Judicial Counclt of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rem July 1, 201 1] www.courts.ca.gov CM-11O PLAENTIFF/PETITEONER: DEDRICK WARMACK CASE NUMBE:_ CV38 2 DEFENDANT/RESPONDENT: PALO ALTO UNIFIED SCHOOL DISTRICT 21 74 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injwy 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.) Please see Attachment (Ifmore space is needed, check this box and attach a page designated as An‘achment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E: a nonjury trial. (lfmore than one pan‘y, provide the name of each party requesting a jury trial): 6. Trial date a. E] The trial has been set for (date): b. E No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the 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. days (specify number): 5-7 b. [j hours (short causes) (specify): 8. Trial representation (to be answered for each pan‘y) The party or parties will be represented at trial CZ] by the attorney or party listed in the caption [E by the following: a. Attorney: Sean M. Novak, Esq. b. Firm: THE NOVAK LAW FIRM, P.C. C. AddreSS: 8383 Wilshire Blvd., Ste. 634 Beverly Hills, CA 90211 d. Telephone number: (323) 424-4313 f, Fax number; (323) 424-4357 e. E-mail address: smn@novaklawfirm.com g. Party represented: PlaintiffE: Additional representation is described in Attachment 8. 9. PreferenceE This case is entitied to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are availab!e 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 E: has [j 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 E] has E] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if avaitabfe). (1) D This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to Civil action mediatiorl: under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory imit. (2) E 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) [j This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (Specify exemption): CM-110[Rev. July 1. 2011] CASE MANAGEMENT STATEMENT PageZofS CM-1 1 0 PLAINTEFF/PETITIONER: DEDRICK WARMACK DEFENDANT/RESPONDENTI PALO ALTO UNIFIED SCHOOL DISTRICT CASE NUMBER: 21 CV381 742 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 aiready completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to compiete mediation by (date): Mediation compieted 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 Judiciai 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 compiete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM»110 [Rem July 1, 20111 CASE MANAGEMENT STATEMENT Page 3 of 5 CM-1 1 0 PLAINTIFF/PETITIONER: DEDRlCK WARMACK CASE NUMBER:- 21 CV381 742 DEFENDANT/RESPONDENT: PALO ALTO UNIFtED SCHOOL DISTRICT 11. insurance a. E] Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: [:1 Yes E] No c. E Coverage issues will significantiy 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. [:3 Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. [:j There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: 1:] Additional cases are described in Attachment 13a. b. [:3 A motion to [::] consolidate E] coordinate will be filed by (name party): 14. Bifurcation E] The party or parties intend to fiie a motion for an order bifurcating, severing, or coordinating the folfowing issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions E3 The party or parties expect to fiie the following motions before trial (specify moving pan‘y, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The foilowing discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Plaintiff Written Discovery January 2021 Plaintiff Depositions January 2021 Plaintiff Expert Depositions, if any Per Code c, E] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM"“°IR9V~ “V 1' 20“] CASE MANAGEMENT STATEMENT Page4ots CM-110 PLAINTIFF/PETmONER: DEDRICK WARMACK CASE NUMBER: 21 CV381 742 DEFENDANT/RESPONDENT; PALO ALTO UNIFIED SCHOOL DISTRiCT 17. Economic litigation a.E This is a limited civii case (i.e., the amount demanded is $25,000 or less) and the economic iitigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [:3 This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery wiil 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 ruie 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the Caiifornia Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 2 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: August 2, 2021 Etisheva Rafael, Esq. } E: antw/ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAM E) (SEGNATURE OF PARTY OR ATTORNEY)E Additionai signatures are attached. CM-“OIRGV- My 1- 20111 CASE MANAGEMENT STATEMENT Mm” MC-025 SHORT TITLE: CASE NUMBER:m Dedrick Warmack V. Palo Alto Unified School District 21CV381742 ATTACHMENT (Number): 4a (This Attachment may be used with any Judicial Council form.) (1) Racial Discrimination (California Gov. Code §12941 et seq.) (2) Gender Discrimination (California Gov. Code §12941 et seq.) (3) Retaliation in Violation of GOV. Code §12940(h) (4) Harassment Based on Race in Violation of California Government Code §12923 et seq.; (5) Harassment Based 0n Gender in Violation of California Government Code §12923 et seq; (6) Failure to Take A11 Reasonable Steps Necessary to Prevent Discrimination and Harassment from Occurring (California Government Code §12940(k)) (7) Wrongful Termination in violation 0fFEHA (Government Code §12940(h) et seq.) (If the item that this Attachment concerns is made under penalty ofperjury, all statements in this Page 1 of 2 Attachment are made under penalty ofperjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courfinfo.ca.gov Judicial Council of California . . . MC-ozsmev.duly 1. 20091 to Judicial Councn Form MC-025 SHORT TITLE: CASE NUMBER:m Dedrick Warmack v. Palo Alto Unified School District 21CV381742 ATTACHMENT (Number): 4(b) (This Attachment may be used with any Judicial Council form.) Through this action, Plaintiff seeks to recover his damage, which arose from unwanted sexual and gender harassment and discrimination. Plaintiff repeatedly complained to supervisors and human resources but n0 action was taken by Employers. Defendant clearly retaliated against Plaintiff for lodging complaints about said misconduct. On or about March 18, 201 9 Plaintiff was wrongfully terminated. Plaintiff seeks damages for $900,000. (If the item that this Attachment concerns is made under penalty ofperjury, all statements in this Page 2 of 2 Attachment are made under penalty ofperjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT mm.couninfo.ca.gov Judicnal Council of California . . . mcozisev. Juiy 1. 2009} to Judicaal Councnl Form \DOOQQUI-PUJNr-t NNNNHr-AHHHMHHHH PROOF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the Within action; my business address is: 8383 Wilshire Boulevard, Suite 634, Beverly Hills, California 9021 1. On August 2, 2021 I served the foregoing document described as: PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT 0112 See attached. in this action by placing a true original or copy thereof enclosed in a sealed envelope. BY MAIL: I am readily familiar With the film’s practice of collection and processing correspondence for mailing. Correspondence so collected and processed is deposited With the United States Postal Service that same day with postage thereon fully pre-paid at Beverly Hills, California in the ordinary course 0f business. BY TELECOPIER: I caused said document(s) t0 be transmitted by facsimile to the facsimile numbers indicated 0n the service list. BY EMAIL: I caused said document(s) t0 be transmitted by email to the email addresses indicated on the service list. BY EXPRESS MAIL: I caused said document(s) t0 be sent by overnight express mail t0 the address(s) indicated above. BY ELECTRONIC MAIL: I caused the above~listed document(s) to be transmitted electronically Via Superior Court 0f Santa Clara E-Filing System, addressed to all parties appearing on the electronic service list for the above-entitled case. The service transmission was reported as complete and a COpy of the Filing Receipt Page/Confirmation Will be maintained with the original document in this office (State) I declare, under penalty 0f perjuly, under the laws 0f the State of California, that the above is true and correct. Executed on August 2, 2021 at rly Hills, California. k 37’4 / fiita 3m?“ _1_ PROOF OF SERVICE KOOOQQUl-PUJNH NNNNNNMNNr-twr-Av-twp-IHHwy-n OOQONUI-QUJNF-‘OKOOOQONUI-PUJNF-‘O SERVICE LIST PALO ALTO UNIFIED SCHOOL DISTRICT 25 Churchill Avenue Palo Alto, CA 94306 -2- PROOF OF SERVICE