case management statement

Cal. Super. - 1st Dist.July 20, 2021

ATTORNEY OR PARTY w'THOUT AT TURNE" lmame Glare sar numoer and asmmssl Jin Hee Park, Esq./SBN 309941 Laid Offices of Stephenson, Aequi.sto s Colman, Inc 303 N. Glenoaics Blvd., Suite 700 FOR COUFIT USE ONLY CM-110 Burbank, CA 91502 TELEPHoNENo 818 - 559 - 4477 Fnxmo Iodlmnasi. 818-559-5484 E MNLADDREssroor II 3hparkgsacf irm. corn ATTORNEYFOR(Namel Plainti f f SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO ETREETADDREEE 400 I4cAlll ster St eet MAILING ADDRESS DITYANDEIPDDDE San Francisco, CA 94102 BRANCH NAME PLAINTIFF/PETITIONER:THE REGENTS OF THE UNIVERSITY OF CALIFORNIA DEFENDANT/RESPONDENT'AETNA HEALTH OF CALIFORNIA INC., ET AL. CASE MANAGEMENT STATEMENT (Check one): ~x UNLIMITED CASE 'IMITED CASE (Amount demanded (Amount demanded is $25 000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: CASE NUMBER CGC19577362 Date 12/4/19 Time: 10 I 30 Address of court (if differen from the address above): Dept.: 610 Dive Room' i Notice oflntentto Appearby Telephone, by(name): Jin Hee Park, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. i x ) This statement issubmitted by party(name):plaintiff, The Regents of the University of california b .I This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plainlifi's and cross-compiainants only) a, The complaint was filed on (dele): b. The cross-complaint, if any, was filed on (dale) 3. Service (lo be answered by plaintiTfs and cross-complainants only) a., x 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 (I ) ! have not been served (specify names and explain why noi): (2) have been served but have not appeared snd have not been dismissed (specify names). (3), 'ave had a default entered against them (specify names) The following additional parties may be added (specify names, nature of involvement in case, and date Oy wlUCh they may be served) 4. Description of case a Type of case in x compiamt Breach of Nritter. Contract cross-complaint (Describe, including causes of action) Fw Adsoled lor Mandatoo Use Judhsial Counol ol Cal lomm cM-IIOIReu ill ioslr CASE MANAGEMENT STATEMENT SOIIILIOITS lese i re ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/18/2019 Clerk of the Court BY: MARIA OLOPERNES Deputy Clerk PLAINTIFF/PETITIONER. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA DEFENDANT/RESPONDENT AE'INA HEA TH OF'ALIFORNIA INC., ET AL, CASt: v'iarit CGC'57"! 362 CM-110 4. b. Provide a brief statement of the case, including any damages (If personal mjuiy damages are sought, specify the injury anddamages claimed, including medical expenses to dale findicate source and amount), eslimaied future medical expenses, toslearnings ta date, and estimated future lost earnings If equii'abte relief is sought, descnbe the nature af Ihe relief) plaintiff provided medically necessary services and supplies to insured of Defendant's health plan. Upon completion of treatment, discharge, and demard for *aid services and supplies, Defendant failed to properly reimburse plainti.ff. Defendant caused damages in an amount to be proven at trial according to ptoof, but in no event less than 6266,305.73. j (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 i j a jury trial I x a nonjury trial. (If more than ane party, provide the name of each party requesting ajury trial)'. 6. Trial date a. j The trial has been set for (date): b. x j 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): Trial date to )De Set the end of 2020 or ear1y 2021. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailabitilyj:See attached 7. Estimated length of trial The party ar parties estimate that the trial will take (check one): a. x j days(specifynumber): 3 b ! hours (short causes) (specify)J 8. Trial representation (to be answered for each party) The pahy or parties will be represented at tnal ~xl by the attorney or party listed in the caption I by the foilovang: a. Attorney; b. Firm: c. Address: d Telephone number. f. Fax number: e. E-mail address: g. Party represented: ; Additional representation is described in Attachment 8. 8 Preference j 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 x has l hss 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; Parly I has has not reviewed the ADR information package identified in rule 3.221. b Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory iudicial arbitration under Code of Cwil Procedure section 1141 11 or to ovil action mediation under Code of Civil Procedure section 1775.3 because the amount in cantroversy does not exceed the statutory hmit (2) Plaintiff elects to refer this case to ludiaal arbitratian and agrees to kmit recovery to the amount spemfied in Code af Civil Procedure section 1141 11. (3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules af Court or from mwl adion mediation under Code of Ciwl Procedure section 1775 et seq, (spemfy exemption): CM-i:0IR 7 ~ i \ 20'Jl CASE MANAGEMENT STATEMENT psssrsis PLAINTIFF/PETITIONER: THE REGENTS OF THE IJNI)/ERSITY OFKALI FOR N IA DEFENDANT/RESPONDENT: AETNA HEALTH OF CALIFORNIA INC., ETAL. CASE NUMBER CGC19577362 Cll/I-110 10. c. Indicate the ADR process or processes that the party or parties are wghng to participate in, have agreed to participate in, orhave already participated in (check a// that apply and provide Ihe speci/ied in/erma/ion)r The party or parties completing this form are willing to participate in the following ADR processes (check a// that app/y) ! If the party or parties completing this form in the case hav participate in or have already completed an ADR process indicate the status of the processes (a//ach a copy of the stipulation): (1) Mediation ! x 'ediation session not yet scheduled , Mediation session scheduled for (dare): Agreed to complete mediation by (da/e)i Mediation completed on (dais): (2) Settlement conference I x 'ettlement conference not yet scheduled Settlement conference scheduled for (dais): Agreed to complete settlement conference by (dafa): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date) (4) Nonbinding judicial arbitration Judicial arbitration not yet sc Judicial arbitration scheduled Agreed to comp/ate/udicial a Judicial arbitration complete (5) Binding pnvate arbitration Pnvate arbitration not yet sch Pnvate arbitration scheduled for (dara) Agreed to complete pnvate arbitration by (da/a)'rivate arbitration completed on (dale): (6) Other (speci/y) ADR session not yet scheduled ADR session scheduled for (data). Agreed to complete ADR session by (date) ADR completed on (da/e): crA11BIRA Jul/ E 221ti CASE MANAGEMENT STATEMENT r AE 2Ar 2 REGEN NA HEA CM-110 11. Insurance a Insurance earner, if any, for party filing this statement (name) b. Reservation of rights. Yes No c. 'overage 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. Bankruptcy Other(specify): Status: 13 Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (I) Name of case: (2) Name ofcourt. (3) Case number. (4) Status; Additional cases are described m Attachment 13a. b A motion to 5 consolidate j coordinate will be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinatmg the following issues or causes ofaction (specify moving party, lype of motion, and reasons): 16 Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a x The party or parties have completed all discovery. b. 'he following discovery wilt be completed by the date specified (describe all anlicipaled discovery). ~Pa Description DatePlaintiff Form Interrogatorresi Special Pursuant toInterrogatories C.C.P. CodePlaintt.ff Request for Admission; Request Pursuant tofor Production of Documents C.C.P. CodePlaintiff Discovery Pursuant to C.C.P. Code c The fallowing discovery issues, includmg issues regarding the discovery of electronicaily stored information, areanticipated (specify): cu 110 lneo lr 1 2541I CASE MANAGEMENT STATEMENT Page 4 ef 5 PLAINTIFF/PETITIONER. THE REGENTS OF T CALIFORNIA DEFENDANT/RESPONDENT. AETNA HEALTH OF AL. 17. Economic litigation a This is a limited civil case (i.e, the amount demanded is $25,000 or less) and the economic litigation procedures in Codeof Civil Procedure sections 90-98 will apply to this case, b This is a limited civil case and a motion to withdraw the case from the economic litigation pracedures or for additionaldiscovery will be filed (if checked, explain specifica/ly why economic Iiiigafion procedures re(sling Ia discovery or fnaishould nol apply ta thiscase)'8. Otherlssues The party or parties request that the following additional matters be considered or determined at the case management conference (speafyh 19. Meet and confer a. ~[,x The party or parties have met and conferred with all parties on all subjects required by rule 3.724 af the Califorma Rules of Court (if not, explain). b, After meeting and conferring as required by rule 3.724 of the Cahfornia Rules of Court, the parties agree on the following (specifyj: 20. Total number of pages attached (if anyji 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 authonty to enter into stipulations on these issues at the time ofthe case management conference, including the written authonty of the party where required. N E RK ES i)YPE OR PRINT NANIEI )TYPE OR PRINT NA5IE) (SIGNATURE OF PARYY OR ATTORNEY) Additional signatures are attached. cu-110 IRe July I 2011) CASE MANAGEMENT STATENIENT Pose 5 01 5 CASE NiiMS n CCC19577362 SHORT TITLE: THE RESENTS OI' hE UN VERS I Y OF CALIFORNIA E C 7 T VS. AETNA H ALTH OF CALIFORNIA INC., ET AL 1 ¹6C 2 2/5/20-2/18/20 Trial; 2/18/20-2/26/20 Arb; 4/28/20-4/29/20 Trial; 5/18/20- 3 5/22/20 Arb; 6/9/20-6/12/20 Arb; 7/6/20-7/10/20 Arb; 9/21/20-9/25/20 Arb; 4 9/28/20-10/2/20 Arb; 10/5/20-10/9/20 Arb; '0/21/20-10/24/20 Trial; 12/7/20- 5 12/11/20 Arb; 1/11!21-1/15/21 Arb; 2/1/21-2/2/2'rb; 3/16/21-3/19/21 Arb; 6 8/2/21-8/6/21 Arb," 11/1/21- 1/5/21 Arb; 1/31/22-2/4/22 Arb 8 10 12 13i 14 15 16 17 18 18 I 20 21 22 23 24 25 26 27 (Required for verified pieadingj The items on this page stated on information and belief (specify ilem numbers, not Snenumbersy This page may be used with any Judicial Council form or any other paper filed with this court page 6 ADDITIONAL PAGE Attach to Judicial Council Form or Other Court Paper CiIC 201 Mi I lua PROOF OF SERVICE I am employed in the county ofLos Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 18 November 2019, I served the foregoing document(s) entitled: CASE MANAGEMENT STATEMENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [ X ] BY U.S. MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day aAer date of deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] BY FEDERAL EXPRESS: I caused such envelope(s), with overnight Federal 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(c) 1013(d)] BY PERSONAL SERVICE: I caused the above-stated document(s) to be served by personally delivering a true copy thereof to the individuals identified above. [C.C.P. 1011(a); F.R.C.P. 5(b)] BY EXPRESS MAIL: I caused such envelope(s), with postage thereon fully prepaid and addressed to the party(s) shown above, to be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt ofExpress Mail on the aforementioned date. [C.C.P. 1013(c)] BY TELECOPIER: Service was effected on all parties at approximately 6:30 pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) to the facsimile machine number(s) shown above. Transmission to 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(e), Cal. Civ. Proc. Code $ 1013(e). BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error. [ X ] State: I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. Federal: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on 18 November 2019 in Burbank, California 10 12 ,lith% AIDA GRIGORIAN 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Richard J. Decker, Esq. Mare E. Berkemeier, Esq. Priya Kumar, Esq. RAINES FELDMAN LLP 1800 Avenue of the Stars, 12'" Floor Los Angeles, CA 90067 10 12 13 14 15 16 17 19 20 21 22 23 24 ~ 25 26 27 28