Statement Case Management Conference

Cal. Super. - 6th Dist.May 12, 2021

21 CV382334 Santa Clara - Civil CM-H.’F%ming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KARLENE ROGERS-ABERMAN, SBN 237883 Electronically Flled STEPHENSON, ACQUISTO & COLMAN by Superior Court of CA, 303 N. Glenoaks Boulevard, Suite 700, Burbank, CA 91502-3226 County of Santa Clara, TELEPHONE No.: (818) 559-4477 FAX No. (Optional): (818) 559-5484 on 3/7/2022 4:22 PM E-MAILADDRESS(0ptionaI): Reviewed By: R. Fleming ATTORNEYFORWame): Plaintiff, Stanford Health case #21 CV382334 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara-Unlimited Jurisdiction Envelope: 8450045 STREET ADDRESS: 191 N. First Street MAILING ADDRESS: same CITY AND ZIP CODE San Jose, California 951 13 BRANCH NAME Downtown Courthouse PLAINTIFF/PETITIONER: Stanford Health DEFENDANT/RESPONDENT: Health Cost Solutions, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE CI LIMITED CASE 21 CV382334 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 3/22/2022 Time: 10:00 a.m. Dept: 7 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): KARLENE ROGERS-ABERMAN, ESQ. 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, Stanford Health 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 complaint was filed on (date): 5/1 2/21 FAC 7/14/21 b. E 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-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E 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 following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of ca_se a- Type 0f case In complaint E cross-complaint (Describe, including causes of action): 1. Quantum Meruit; 2. Breach of Implied-ln-Fact Contract 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. July 1, 201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Stanford Health CASE NUMBER: _ 21 CV382334 DEFENDANT/RESPONDENT: Health COSt Solutlons, Inc. 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.) Plaintiff rendered medically necessary services and supplies to Defendant‘s insureds. Upon demand for payment for said services, Defendant's failed to pay and/or have underpaid the claims. Plaintiff has been damaged in the amount of $356,265.69, plus interest. E (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 E a jury trial a nonjury trial. (lfmore than one party, provide the name of each pan‘y requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. 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): TWO (2) b. E 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 by the following: a. Attorney: KARLENE ROGERS-ABERMAN, ESQ., ESQ./R|CHARD LOVICH, ESQ. b. Firm: Stephenson, Acquisto & Colman c. Address: 303 N. Glenoaks Blvd. #700, Burbank, CA 91502 d. Telephone number: (818) 559-4477 f_ Fax number; (818) 559-5484 e- E-ma“ address: g. Party represented: PlaintiffE 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 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) 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) 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): 3.81 1(b)(8) Amount in controversy exceeds $50,000.00 CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page20f5 CM-110 PLAINTIFF/PETITIONER: Stanford Health DEFENDANT/RESPONDENTI Health Cost Solutions, Inc. CASE NUMBER: 21 CV382334 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 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 Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DEED DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-11o [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Stanford Health CASE NUMBER: 21 CV382334 DEFENDANT/RESPQNDENT; Health Cost Solutions, Inc. 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 COI'ISOlidate E coordinate will be filed by (name party): 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 of motion, 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 Interrogatories Per C.C.P. Request for Production of Documents Per C.C.P. Request for Admissions Per C.C.P. Depositions Per C.C.P. c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“O [ReV- Ju'v 1' 2°11] CASE MANAGEMENT STATEMENT ”994°” CM-1 10 PLAINTIFF/PETITIONER: Stanford Health CASE NUMBER:- . 21CV382334 DEFENDANT/RESPONDENT: Health COSt SOIUtlonS, InC. 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 discovely or trial should not apply to this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Plaintiffto file a Second Amended Complaint upon ruling on the Demurrer to the First Amended Complaint by California Natural Products. 19. Meet and confer a. 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. 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 (if any): 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: 3/7/2022 / , KARLENE ROGERS-ABERMAN, ESQ. ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATI'ORNEY)E Additional signatures are attached. CM-110[Rev.JuIy 1,2011] CASE MANAGEMENT STATEMENT Page50f5 KOOOQQUI-PUJNH NNNNNNNNNHHHHHHHHHH OOQQUI-PUJNr-‘OKOOOQONUI-PUJNF-‘O PROOF OF SERVICE I am employed in the county 0fLos Angeles, State 0f California. I am over the age 0f 18 and not a party t0 the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 7 March 2022, I served the foregoing document(s) entitled: PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [ ] [X] BY MAIL: I am "readily familiar" with the firm's practice 0f collection and processing correspondence for mailing. Under that practice it would be deposited With the United States Postal Service 0n that same day with postage thereon fully prepaid at Burbank, California in the ordinary course 0f business. I am aware that 0n motion 0f the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] BY PERSONAL SERVICE: I caused the above-stated document(s) t0 be served by personally delivering a true copy thereof t0 the individuals identified above. [C.C.P. 101 1(a); F.R.C.P. 5(b)] BY TELECOPIER: Service was effected 0n all parties at approximately_ am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) t0 the facsimile machine number(s) shown above. Transmission t0 said numbers was successful as evidenced by a Transmission Report produced by the machine indicating the documents had been transmitted completely and without error. C.R.C. 2008(6), Cal. CiV. Proc. Code § 1013(6). BY FEDERAL EXPRESS: I caused such envelope(s), With ovemightFederal Express Delivery Charges to be paid by this firm, to be deposited With the Federal Express Corporation at a regularly maintained facility on the aforementioned date. [C.C.P. 1013(0) 1013(d)] BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown on the KOOOQQUI-PUJNH NNNNNNNNNHHHHHHHHHH OOQQUI-PUJNr-‘OKOOOQONUI-PUJNF-‘O accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and Without error. [X] BY ELECTRONIC SERVICE [BY COURT]: by causing the foregoing document(s) to be electronically filed using the Court’s Electronic Filing System which constitutes service of the filed document(s) at the electronic service address 0f the individual(s) listed on the attached mailing list. [X] State: I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. [ ] Federal: I declare that I am employed in the office 0f a member 0f the bar 0f this court at whose direction the service was made. Executed 0n 7 March 2022 in Burbank, California. ANGELA DEMERS \OOOQONUI-bUJNr-t NNNNNNNNNHHHHHHHHHp-A OONONUI-PUJNt-‘OOOOQONUI-RUJNF-‘O SERVICE LIST Sarah C. Hellmann, Esq. HUSCH BLACKWELL LLP 190 Carondelet Plaza, Suite 600 St. Louis, MO 63 105-3433 Direct: 3 14.480.1920 Fax: 314.480.1505 Sarah.Hellmann@huschblackwell.com Jennifer J. Lee, Esq. HUSCH BLACKWELL LLP 1999 Harrison Street Suite 700 Oakland, CA 946 1 2-4704 Direct: 5 10-768-0633 Mobile: 41 5-290-2741 Fax: 5 10-768-0651 Jennifer.Lee(a3huschblackwell.com Michelle Cheng, Esq. Lavinia S. Osilesi, Esq. REED SMITH 355 S Grand Avenue, Suite 2900 Los Angeles, CA 90071 mcheng@reedsmith.com LOsilesi@reedsmith.com