Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sialo Bar number, and eddrass). FOR COURT USE ONLY
Thomas Dimitre SBN 276924
PO Box 801
Ashland, OR 97520 Superior Court
of Califomia F
TELEPHONE No. 5418905022 FAX NO. fOptionall: 5414884601 County
of Butte
E-MAIL ADDRESS (Optionad: dimitre
@ mind.net I
ATTORNEYFOR (name): Teresa Randolph L
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 5/24/2022
streetaporess: 1775 Concord Ave
MAILING ADDRESS: D
cry ano zi cove: Chico, CA 95928 Deputy
BRANCH NAME:
PLAINTIFF/PETITIONER: Teresa Randolph LatePiied
DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one). UNLIMITED CASE ([) uimitep case 19CV01226
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 1, 2022 Time: 10:30 am Dept. Div. Room:
Address of court (if
different from the address above):
Notice of Intent to Appear by Telephone, by (name): Thomas Dimitre
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
eam or parties (answer one):
This statement is submitted by party (name): Teresa Randolph
- (1 This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date): 4/19/19
b. [-] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed
o CI The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) [J have been served but have not appeared and have not been dismissed (specify names).
(3) [J _ have had a default entered against them (specify names):
e CO The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served)
Description of case
a Type of case in complaint (1 cross-compiaint (Describe, including causes of action).
Employment discrimination and constructive discharge case
Pago ot 5
Form Adopied for Mandalory Use CASE MANAGEMENT STATEMENT Cal, Rules of Cour
Judea Counc of Caliomia ‘ulos 3.720-3.730
10 (Rav. July1. 2011} www.coulls.ca.gov
CM-110
PLAINTIFF/PETITIONER: Teresa Randolph CASE NUMBER
19CV01226
DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al.
4. b. Provide a brief statement of the case, including any damages. (If personal 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 was discriminated against due to her disability, already agreed upon accommodations unilaterally
removed, no interactive process or reasonable accommodations. Plaintiff was constructively discharged when
her physician recommended that she not return to work due to the unwillingness of Defendants to comply with the
FEHA. Damages $750,000 of which approx $350k is lost wages/retirement and $400k is pain and suffering.
3) (itmore space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request ajury trial C_) anonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [_] Thetrialhas been set for (date):
b. [Z) notrial 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):
Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Beginning in june 2023
Estimated length of trial
The party or parties estimate that the trial will take (check one):
days (specify number): 7
> hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial (Z) by the attomey or party listed in the caption TL) py the following:
Attome:
Firm:
Address:
Telephone number: f Fax number:
e. E-mail address: g. Party represented:
(©) Additional representation is described in Attachment 8.
9. Preference
[1 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 (7] 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 self-represented parties: Party (_] has [__] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
0
é
This matter is subject 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.
@Co 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.
eT 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):
CHETI0 (Rav. day
1. 2071) CASE MANAGEMENT STATEMENT Page 20!
CM-110
ic
PLAINTIFF/PETITIONER: Teresa Randolph NUMBER:
DEFENDANT/RESPONDENT: 9CV01226
Trustees of the Calif State Univ, State of Calif, et al.
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 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 parties' ADR
processes (check all that apply): | stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement 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 evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private
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):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
‘CNE10 [Rev. July
1, 2017), Page
3 of 5
CASE MANAGEMENT STATEMENT
CM-110
L PLAINTIFF/PETITIONER: Teresa Randolph
CASE NUMBER,
19CV01226
| DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al.
11, Insurance
a [1] insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [J Yes No
c. [) Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the cours jurisdiction or processing of this case and describe the status.
[) Bankruptcy [] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. (1 There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[) Additional cases are described in Attachment 13a.
b. [J Amotion to [) consolidate [) coordinate will be filed by (name party):
14. Bifurcation
() 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
(7) The panty or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Fe intiff, MSJ
16. Discovery
a. The party or parties have completed all discovery.
he following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Paper discovery continues. Unknown
No depositions have been taken to date.
he following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Defendants were ordere to produce documents withint 20 days of notice of the order (deadline was June 24) an
have not produced any additional documents as of this date. Plaintiff will be filing another motion to compel to
force Defendant to produce documents. Plaintiff will also ask for sanctions and attorney's fees.
‘GMA70 Row. Jy 1.2077) CASE MANAGEMENT STATEMENT Pago 4of 5
CM-110
PLAINTIFF/PETITIONER: Teresa Randolph ‘CASE NUMBER:
b> 19CV01226
JEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et 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 Code
of 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 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
(4) The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Setting of a settlement conference.
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):
Not applicable at this time.
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):
1am 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: May 23, 2022
\
Thomas Dimitre » \
(TYPE OR PRINT NAME) (SIGNATURE OF PARTYOR ATTORNEY)
(TYPE OR PRINT NAME)
d
(SIGNATURE OF PARTY OR ATTORNEY)
{J Additional signatures are attached.
‘CM-110 (Rev, July 1, 2091) CASE MANAGEMENT STATEMENT Page Sof 5
Thomas Dimitre, Attorney at Law L.L.C.
CSB # 276924
dimitre@mind.net
PO Box 801
Ashland, OR 97520
Telephone: 541-890-5022
Attorney for Plaintiff
STATE OF CALIFORNIA
7
COUNTY OF BUTTE
10
TERESA RANDOLPH, an individual
11
Case No. 19CV01226
Plaintiff
12
CERTIFICATE OF SERVICE
13 Vv.
14 TRUSTEES OF THE CALIFORNIA
STATE UNIVERSITY, STATE OF
15
CALIFORNIA, AND CYNTHIA DALEY,
16 AN INDIVIDUAL, AND DEBRA
LARSON, AN INDIVIDUAL
17
Defendants
18
19
20
21
22
23
24
25
26
27
28
I, Thomas Dimitre, declare as follows:
I am an employee of Thomas Dimitre, Attorney at Law, over the age of eighteen
years and not a party to this action. My business address is PO BOX 801, Ashland,
Oregon 97520. My business telephone number is (541) 890-5022, and my fax number is
(541) 488-4601.
On May 23, 2022 I served the foregoing document(s) described as:
1 CMC Statement, by placing true copies thereofin sealed envelopes with
10 postage thereon fully prepaid, in the United States mail at ASHLAND, OR
11 addressed as shown below:
12
Jerry Deschler Jr.
13 Deputy Attorney General IV
14
1300 I Street
Sacramento, CA 95814
15
I declare, under penalty of perjury under the JaWs of the State of California, that
16
the foregoing is true and correct
17
Executed on May 23, 2022.
18
19
THOMAS ‘DIMITRE
20
Attorney for Plaintiff,
21 Teresa Randolph
22
23
24
25
26
27
28
Preview
CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sialo Bar number, and eddrass). FOR COURT USE ONLY Thomas Dimitre SBN 276924 PO Box 801 Ashland, OR 97520 Superior Court of Califomia F TELEPHONE No. 5418905022 FAX NO. fOptionall: 5414884601 County of Butte E-MAIL ADDRESS (Optionad: dimitre @ mind.net I ATTORNEYFOR (name): Teresa Randolph L SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 5/24/2022 streetaporess: 1775 Concord Ave MAILING ADDRESS: D cry ano zi cove: Chico, CA 95928 Deputy BRANCH NAME: PLAINTIFF/PETITIONER: Teresa Randolph LatePiied DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one). UNLIMITED CASE ([) uimitep case 19CV01226 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 1, 2022 Time: 10:30 am Dept. Div. Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Thomas Dimitre INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. eam or parties (answer one): This statement is submitted by party (name): Teresa Randolph - (1 This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): 4/19/19 b. [-] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed o CI The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [J have been served but have not appeared and have not been dismissed (specify names). (3) [J _ have had a default entered against them (specify names): e CO The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served) Description of case a Type of case in complaint (1 cross-compiaint (Describe, including causes of action). Employment discrimination and constructive discharge case Pago ot 5 Form Adopied for Mandalory Use CASE MANAGEMENT STATEMENT Cal, Rules of Cour Judea Counc of Caliomia ‘ulos 3.720-3.730 10 (Rav. July1. 2011} www.coulls.ca.gov CM-110 PLAINTIFF/PETITIONER: Teresa Randolph CASE NUMBER 19CV01226 DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal 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 was discriminated against due to her disability, already agreed upon accommodations unilaterally removed, no interactive process or reasonable accommodations. Plaintiff was constructively discharged when her physician recommended that she not return to work due to the unwillingness of Defendants to comply with the FEHA. Damages $750,000 of which approx $350k is lost wages/retirement and $400k is pain and suffering. 3) (itmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ajury trial C_) anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. [_] Thetrialhas been set for (date): b. [Z) notrial 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): Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Beginning in june 2023 Estimated length of trial The party or parties estimate that the trial will take (check one): days (specify number): 7 > hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial (Z) by the attomey or party listed in the caption TL) py the following: Attome: Firm: Address: Telephone number: f Fax number: e. E-mail address: g. Party represented: (©) Additional representation is described in Attachment 8. 9. Preference [1 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 (7] 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 self-represented parties: Party (_] has [__] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). 0 é This matter is subject 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. @Co 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. eT 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): CHETI0 (Rav. day 1. 2071) CASE MANAGEMENT STATEMENT Page 20! CM-110 ic PLAINTIFF/PETITIONER: Teresa Randolph NUMBER: DEFENDANT/RESPONDENT: 9CV01226 Trustees of the Calif State Univ, State of Calif, et al. 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 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 parties' ADR processes (check all that apply): | stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement 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 evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private 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): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): ‘CNE10 [Rev. July 1, 2017), Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 L PLAINTIFF/PETITIONER: Teresa Randolph CASE NUMBER, 19CV01226 | DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al. 11, Insurance a [1] insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [J Yes No c. [) Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the cours jurisdiction or processing of this case and describe the status. [) Bankruptcy [] other (specify): Status: 13. Related cases, consolidation, and coordination a. (1 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [) Additional cases are described in Attachment 13a. b. [J Amotion to [) consolidate [) coordinate will be filed by (name party): 14. Bifurcation () 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 (7) The panty or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Fe intiff, MSJ 16. Discovery a. The party or parties have completed all discovery. he following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Paper discovery continues. Unknown No depositions have been taken to date. he following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendants were ordere to produce documents withint 20 days of notice of the order (deadline was June 24) an have not produced any additional documents as of this date. Plaintiff will be filing another motion to compel to force Defendant to produce documents. Plaintiff will also ask for sanctions and attorney's fees. ‘GMA70 Row. Jy 1.2077) CASE MANAGEMENT STATEMENT Pago 4of 5 CM-110 PLAINTIFF/PETITIONER: Teresa Randolph ‘CASE NUMBER: b> 19CV01226 JEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et 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 Code of 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 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 (4) The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Setting of a settlement conference. 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): Not applicable at this time. 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): 1am 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: May 23, 2022 \ Thomas Dimitre » \ (TYPE OR PRINT NAME) (SIGNATURE OF PARTYOR ATTORNEY) (TYPE OR PRINT NAME) d (SIGNATURE OF PARTY OR ATTORNEY) {J Additional signatures are attached. ‘CM-110 (Rev, July 1, 2091) CASE MANAGEMENT STATEMENT Page Sof 5 Thomas Dimitre, Attorney at Law L.L.C. CSB # 276924 dimitre@mind.net PO Box 801 Ashland, OR 97520 Telephone: 541-890-5022 Attorney for Plaintiff STATE OF CALIFORNIA 7 COUNTY OF BUTTE 10 TERESA RANDOLPH, an individual 11 Case No. 19CV01226 Plaintiff 12 CERTIFICATE OF SERVICE 13 Vv. 14 TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, STATE OF 15 CALIFORNIA, AND CYNTHIA DALEY, 16 AN INDIVIDUAL, AND DEBRA LARSON, AN INDIVIDUAL 17 Defendants 18 19 20 21 22 23 24 25 26 27 28 I, Thomas Dimitre, declare as follows: I am an employee of Thomas Dimitre, Attorney at Law, over the age of eighteen years and not a party to this action. My business address is PO BOX 801, Ashland, Oregon 97520. My business telephone number is (541) 890-5022, and my fax number is (541) 488-4601. On May 23, 2022 I served the foregoing document(s) described as: 1 CMC Statement, by placing true copies thereofin sealed envelopes with 10 postage thereon fully prepaid, in the United States mail at ASHLAND, OR 11 addressed as shown below: 12 Jerry Deschler Jr. 13 Deputy Attorney General IV 14 1300 I Street Sacramento, CA 95814 15 I declare, under penalty of perjury under the JaWs of the State of California, that 16 the foregoing is true and correct 17 Executed on May 23, 2022. 18 19 THOMAS ‘DIMITRE 20 Attorney for Plaintiff, 21 Teresa Randolph 22 23 24 25 26 27 28