Statement Case Management Conference

Cal. Super. - 6th Dist.June 2, 2021

21 CV383360 Santa Clara - Civil fimmstem ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Gregory D. Call (SBN 120483) Ryan Merker (SBN 326251) _ _ CROWELL & MORING LLP Electronlcally Flled 3 Embarcadero Center, 26 F|. by Superior Court Of CA, San Francisco, California 941 11 County of Santa Clara, TELEPHONEN0.; (415) 986-2800 FAXNo. (Optional):(415) 986-2827 on 9/24/2021 10:44 AM E.MAILADDRESS:gcall@crowe||.com, rmerker@crowell.com Reviewed By: System System ATrORNEY FOR(Name).- Defendant NeXGenT Inc. case #21 CV383360 SUPERIOR COURT 0F CA'LIFORNIA, COUNTY 0F SANTA CLARA Envelope: 7334632 STREET ADDRESS: 191 N. Flrst Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, California 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: Creditors Adjustment Bureau, Inc. DEFENDANT/RESPONDENT: NexGenT Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): g UNLIMITED CASE D LIMITED CASE 21CV383360 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 12, 2021 Time: 3:45 p.m. Dept: 19 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Ryan Merker, Counsel for Defendant NexGenT 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): NexGenT 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): June 2, 2021 b. D 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. 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 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): Breach of Contract Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3130 CM-1 10 [Rev. September 1, 2021] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow‘com _ CM-110 PLAINTIFF/PETITIONER: Creditors Adjustment Bureau, Inc. CASE NUMBER; DEFENDANT/RESPONDENT: NexGenT Inc. 21CV383360 4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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 Creditors Adjustment Bureau, Inc. brought this action as assignee of Hudson Gateway Place LLC, seeking certain amount of rent allegedly due under an office lease between NexGenT |nc., as Tenant, and Hudson Gateway Place, LLC, as Landlord. The claim for rent is made in ignorance of Tenant's legal and contractual rights under the plain language of the lease, which entitled Tenant to an abatement of rent for the portion of its office that, even prior to the lease termination in July 2020, Tenant was prevented from using due to the COVlD-19 pandemic and ensuing governmental restrictions on business operations across the state. 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 D a jury trial E a nonjury trial. (If more than one party, provide the name of each parfy requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. E 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): This case should be ready for trial anytime after October 2022. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Defense counsel is unavailable during the month of October 2022. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 2 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial g by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Faxnumber: 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): CM-1 1o [Rem September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-1 1 0 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 E 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 to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial 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 1141.11. (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Amount in controversy exceeds $50,000. CM-1 1o [Rem September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 American LegalNet, Inc. www‘FormsWorkFlowxom . CM-110 PLAINTIFF/PETITIONER: Creditors Adjustment Bureau, Inc. CASE NUMBER; DEFENDANT/RESPONDENT: NexGenT Inc. 21CV383360 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 al/ 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 parfies'ADR processes (check all that apply): stipulation): Mediation session not yet scheduled 1 M d, t. E Mediation session scheduled for (date): ( ) e la Ion Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement E 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 evaluatlon 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 D 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 DDDDDDDEDDDE CM-1 1o [Rem September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: Creditors Adjustment Bureau, Inc. CASE NUMBER; DEFENDANT/RESPONDENT: NexGenT Inc. 21CV383360 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): 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 13a. b. D Amotionto D consolidate D coordinate willbe 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. E The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Defendant NexGenT Inc. Written Discovery 06/2022 Defendant NexGenT Inc. Depositions 06/2022 c. D The following discovery issues. including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 1o [Rem September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 American LegalNet, Inc. www‘FormsWorkFlow‘com CM-110 PLAINTIFF/PETITIONER: Creditors Adjustment Bureau, Inc. CASE NUMBER; DEFENDANT/RESPONDENT: NexGenT Inc. 21CV383360 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 discovery or trial should not apply to this case): 18. Other issues D 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 (if not, explain): b. D 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 (ifany): | 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: September 24, 2021 WRYAN MERKER } (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) P (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-11o [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 ofs American LegnlNet, Inc. www‘FormsWorkFlow‘com CROWELL & MORING LLP ATTORNEYS AT LAW 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Creditors Adjustment Bureau, Inc, v. NexGenTInc. Santa Clara Superior Court, Case N0. 21CV383360 PROOF OF SERVICE I, William H. Morris, state: My business address is 3 Embarcadero Center, 26th Floor, San Francisco, California 941 1 1. I am over the age of eighteen years and not a party t0 this action. On the date set forth below, I served the foregoing document(s) described as: CASE MANAGEMENT STATEMNT On the following person(s) in this action: Kenneth J. Freed, Esq. Attorneys for Plaintiff CREDITORS David E. Weeks, Esq. ADJUSTMENT BUREAU, INC. LAW OFFICES OF KENNETH J. FREED 14226 Ventura Boulevard Sherman Oaks, CA 91423 Tel. 818.990.0888 kfreed@kj fesq.com dweeks@kjfesq.com D BY FIRST CLASS MAIL: I am employed in San Francisco County where themailing occurred. I enclosed the document(s) identified above in a sealed envelope 0r package addressed t0 the person(s) listed above, With postage fully paid. I placed the envelope or package for collection and mailing, following our ordinary business practice. I am readily familiar with this firm’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. BY MESSENGER SERVICE: I served the document(s) identified above by placing them in an envelope or package addressed to the person(s) listed above and providing them t0 a professional messenger service for service. A declaration 0f personal service by the messenger is attached. BY OVERNIGHT DELIVERY: I enclosed the document(s) identified above in a sealed envelope 0r package addressed to the person(s) listed above, in an envelope or package designated by the overnight delivery carrier With delivery fees paid or provided for. Iplaced the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box 0f the overnight delivery carrier, 0r by delivering to a courier 0r driver authorized by the overnight delivery carrier t0 receive documents. CROWELL 8: MORING LLP ATTORNEYS AT LAW A “GUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BY FACSIMILE: Based on an agreement of the parties to accept service by facsimile transmission, I faxed the document(s) identified above to the person(s) at the fax number(s) listed above. The transmission was reported complete and Without error. I have attached a copy of the transmission report that was issued by the facsimile machine. BY ELECTRONIC SERVICE VIA ODYSSEY E-FILE CA: Pursuant t0 CCP 1010.6 and CRC 2.25 1 , I electronically served through Odyssey eFileCA and caused the document(s) to be sent to the person(s) at the email addresses designated on the Transaction Receipt located 0n the Odyssey eFileCA website. To the best ofmy knowledge, at the time of the transmission, the transmission was reported as complete and without error. BY ELECTRONIC MAIL: Based on a court order 0r an agreement of the parties t0 accept service by electronic mail, I caused the document(s) identified above t0 be transmitted electronically t0 the person(s) at the e-mail address(es) listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 24, 2021, at San Francisco, California. William H. Morris