On June 11, 2021 a
Party Statement
was filed
involving a dispute between
Mercado, Felipe,
and
Washington Unified School District,
for 15 Unlimited - Other Employment
in the District Court of Fresno County.
Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number, and address):
FOR COURT USE ONLY
Laura A. Wolfe #266751
McCormick Barstow Sheppard Wayte & Carruth LLP
7647 N Fresno Street
F resno C A 93 72 0
EFILED
TELEPHONE N0;559 433-1 300 FAX No. (Optional): 559 433-2300 5/25/2022 2:20 PM
E.MAILADDRESS: laura.wolfe@mccormickbarstow.com Superior Court of California
ATTORNEY FOR(Name):WaShingt0n Union School District County Of Fresno
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F FRESNO By: Sonia Nunez, Deputy
STREET ADDRESS: 1 130 O Street
MAILING ADDRESS:
CITYAND Fresno
ZIP CODE: CA 93721
BRANCH NAME:
PLAINTIFF/PETITIONERI FELIPE MERCADO
DEFENDANT/RESPONDENT: WASHINGTON UNION SCHOOL DISTRICT
CASE MANAGEMENT STATEMENT CASE NUMBER
21CECG01671
(Check one): E UNLIMITED CASE D LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: June 9,2022 Time: 3:30 p.m. Dept: 402 Div.: Room:
Address of coufl different from the
(if address above):
E Notice of Intent to Appear by Telephone, by (name): Laura A. Wolfe
INSTRUCTIONS: Allapplicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. E This statement issubmitted by pany (name):Washington Union School District
b. D This statement issubmitted jointly by parties (names):
2. Complaint and cross-complaint (tobe answered by and cross-complainants
plaintiffs only)
a. The complaint was filedon (date):
b. D The cross-complaint, ifany, was filedon (date):
3. Service (to be answered by plaintiffs and cross-comp/ainants only)
a. D All partiesnamed inthe complaint and cross—complaint have been served, have appeared, 0r have been dismissed.
b. D The following partiesnamed in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been sewed 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 may be added
following additional parties (specifynames, nature ofinvolvement in case, and date by which
theymay be served):
4. Description of case
a. Type of case in E complaint D cross-complaint (Describe, including causes of action): Disparate
Treatment; Hostile Work Environment; Retaliation;Failure to PreventHarassment; Constructive Discharge; Declaratory Relief
Page1 of 5
Form AdopiedMandamry Use Cal. Rules of Coun,
for
Judicial Council of California CASE MANAGEMENT STATEMENT 372073.730
rules
CM-110 September
[Rev. 2021]
1, www.courrs.ca,gov
04991 2-000326 8408258.1
American LegaINet,
In
www,FormdNnrkFImML
1
CM-110
PLAINTIFF/PETITIONER: FELIPE MERCADO CASE NUMBER;
DEFENDANT/REsPONDENT: WASHINGTON UNION SCHOOL DISTRICT 21CECG01571
4. b. Provide a brief statement of the case, including any damages. (prersona/ 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 describe the nature of the
equitable relief is sought, relief.) Plaintiff
alleges that he was forced to resign his employment with Washington Union School District (WUSD) due to
discrimination, a hostile work environment, retaliation and other issues related to alleged reporting of preferential
treatment of non-hispanics and bullying of hispanic students. Plaintiff seeks special, general and exemplary
damages, civilpenalties, fees, costs and interest. WUSD denies Plaintiff's claims.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request E a jurytrial D a nonjury trial. (Ifmore than one patty, provide the name ofeach party
requesting a jurytrial):
Trial date
a. D The has been set
trial for (date):
b. g No date has been set. This case
trial willbe ready for within
trial 12months ofthe date of the filing of the complaint(if
not, explain):Defense counsel anticipates delays due to the Court's calendar and Defense counsel's
anticipated maternity leave.
c. Dates on which parties or attorneys willnot be available for (specify dates
trial and explain reasons Please
for unavailability):
see Attachment 6c attached hereto and incorporated herein
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial wi||
a. g days (specify number): 5 days
b. D hours(short causes)(specify):
8. Trialrepresentation (tobe answered for each party)
The party or partieswillbe represented at trial E by the attorney or party the caption
listed in D by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Faxnumber:
e. E-mailaddress: g. Party represented:
D Additional representationis described inAttachment 8.
9. Preference
D This case isentitled topreference (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 of the California Rules of Court for information about the
processes available through the court and community programs case.
in this
(1) For parties represented by counsel: Counsel E has D has not provided the ADR information package
identified in rule 3.221 and reviewed
to the client ADR options with the client.
(2) For seIf-represented parties:Party D has D has not reviewed the ADR information package identified in rule3.221.
b. Referral to judicial arbitration or civil action mediation available).
(if
(1) D This matter issubject to mandatoryjudicial arbitration underCode of Civil Procedure section 1141.11 orto civil action
mediation under Code Procedure section 1775.3 because the amount in controversy does not exceed the
of Civil
statutory limit.
(2) D case to
Plaintiff elects to refer this and agrees
judicial arbitration to limitrecovery to the amount specified inCode of
CivilProcedure section 1141.11.
(3) g This case is exempt from under rule 3.811
judicial arbitration ofthe California Rules ofCourt or from action
civil
mediation under Code Procedure section 1775 et seq. (specify exemption):
of Civil
CRC 3.811(b)1 -reliefrequested
049912-000326 8408258.1 CM-11o September
[Rev. 1,2021]CASE MANAGEMENT STATEMENT Page2 o! 5
American LegaINet,
In
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Document Filed Date
May 25, 2022
Case Filing Date
June 11, 2021
Category
15 Unlimited - Other Employment
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Laura A. Wolfe #266751 McCormick Barstow Sheppard Wayte & Carruth LLP 7647 N Fresno Street F resno C A 93 72 0 EFILED TELEPHONE N0;559 433-1 300 FAX No. (Optional): 559 433-2300 5/25/2022 2:20 PM E.MAILADDRESS: laura.wolfe@mccormickbarstow.com Superior Court of California ATTORNEY FOR(Name):WaShingt0n Union School District County Of Fresno SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F FRESNO By: Sonia Nunez, Deputy STREET ADDRESS: 1 130 O Street MAILING ADDRESS: CITYAND Fresno ZIP CODE: CA 93721 BRANCH NAME: PLAINTIFF/PETITIONERI FELIPE MERCADO DEFENDANT/RESPONDENT: WASHINGTON UNION SCHOOL DISTRICT CASE MANAGEMENT STATEMENT CASE NUMBER 21CECG01671 (Check one): E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: June 9,2022 Time: 3:30 p.m. Dept: 402 Div.: Room: Address of coufl different from the (if address above): E Notice of Intent to Appear by Telephone, by (name): Laura A. Wolfe INSTRUCTIONS: Allapplicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement issubmitted by pany (name):Washington Union School District b. D This statement issubmitted jointly by parties (names): 2. Complaint and cross-complaint (tobe answered by and cross-complainants plaintiffs only) a. The complaint was filedon (date): b. D The cross-complaint, ifany, was filedon (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. D All partiesnamed inthe complaint and cross—complaint have been served, have appeared, 0r have been dismissed. b. D The following partiesnamed in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been sewed 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 may be added following additional parties (specifynames, nature ofinvolvement in case, and date by which theymay be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes of action): Disparate Treatment; Hostile Work Environment; Retaliation;Failure to PreventHarassment; Constructive Discharge; Declaratory Relief Page1 of 5 Form AdopiedMandamry Use Cal. Rules of Coun, for Judicial Council of California CASE MANAGEMENT STATEMENT 372073.730 rules CM-110 September [Rev. 2021] 1, www.courrs.ca,gov 04991 2-000326 8408258.1 American LegaINet, In www,FormdNnrkFImML 1 CM-110 PLAINTIFF/PETITIONER: FELIPE MERCADO CASE NUMBER; DEFENDANT/REsPONDENT: WASHINGTON UNION SCHOOL DISTRICT 21CECG01571 4. b. Provide a brief statement of the case, including any damages. (prersona/ 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 describe the nature of the equitable relief is sought, relief.) Plaintiff alleges that he was forced to resign his employment with Washington Union School District (WUSD) due to discrimination, a hostile work environment, retaliation and other issues related to alleged reporting of preferential treatment of non-hispanics and bullying of hispanic students. Plaintiff seeks special, general and exemplary damages, civilpenalties, fees, costs and interest. WUSD denies Plaintiff's claims. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request E a jurytrial D a nonjury trial. (Ifmore than one patty, provide the name ofeach party requesting a jurytrial): Trial date a. D The has been set trial for (date): b. g No date has been set. This case trial willbe ready for within trial 12months ofthe date of the filing of the complaint(if not, explain):Defense counsel anticipates delays due to the Court's calendar and Defense counsel's anticipated maternity leave. c. Dates on which parties or attorneys willnot be available for (specify dates trial and explain reasons Please for unavailability): see Attachment 6c attached hereto and incorporated herein 7. Estimated length of trial The party or parties estimate that the take (check one): trial wi|| a. g days (specify number): 5 days b. D hours(short causes)(specify): 8. Trialrepresentation (tobe answered for each party) The party or partieswillbe represented at trial E by the attorney or party the caption listed in D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Faxnumber: e. E-mailaddress: g. Party represented: D Additional representationis described inAttachment 8. 9. Preference D This case isentitled topreference (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 of the California Rules of Court for information about the processes available through the court and community programs case. in this (1) For parties represented by counsel: Counsel E has D has not provided the ADR information package identified in rule 3.221 and reviewed to the client ADR options with the client. (2) For seIf-represented parties:Party D has D has not reviewed the ADR information package identified in rule3.221. b. Referral to judicial arbitration or civil action mediation available). (if (1) D This matter issubject to mandatoryjudicial arbitration underCode of Civil Procedure section 1141.11 orto civil action mediation under Code Procedure section 1775.3 because the amount in controversy does not exceed the of Civil statutory limit. (2) D case to Plaintiff elects to refer this and agrees judicial arbitration to limitrecovery to the amount specified inCode of CivilProcedure section 1141.11. (3) g This case is exempt from under rule 3.811 judicial arbitration ofthe California Rules ofCourt or from action civil mediation under Code Procedure section 1775 et seq. (specify exemption): of Civil CRC 3.811(b)1 -reliefrequested 049912-000326 8408258.1 CM-11o September [Rev. 1,2021]CASE MANAGEMENT STATEMENT Page2 o! 5 American LegaINet, In \vww,Forll\