Preview
19CV349042
Santa Clara — Civil
GMA stem
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)
STEPHEN H. SUTRO, ESQ. (SBN 172168) SER CORT IBZ Y
SUZANNE R. FOGARTY, ESQ. (SBN 154319) Electronically Filed
DUANE MORRIS LLP ‘
One Market Plaza, Spear Tower, Suite 2200, San Francisco, CA 94105 Dane of aaauicia ee
,
TELEPHONE NO: 415-957-3000 FAX NO. (Optional): 415-957-3001 ion 9/20/2021 5:58 PM
E-MAIL ADDRESS (Optonai): SHSutro@DuaneMorris.com / SRFogarty@DuaneMorris.com Reviewed By: System System
ATTORNEY FOR (Name): Plaintiff, SunPower Corporation Case #19CV349042
ISUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelope: 7302724
‘STREET ADDRESS: 191 N. First Street
MAILING ADDRESS: 191 N. First Street
ciTy AND zip cope: San Jose, California 95113
BRANCH NAME: Downtown Branch
PLAINTIFF/PETITIONER: SunPower Corporation
DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy
CASE MANAGEMENT STATEMENT CASE NUMBER:
19CV349042
(Check one): [=] UNLIMITED CASE (J Limitep case
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
|A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 5, 2021 Time: 10:00 a.m. Dept.: 19 Div.: Room:
Address of court (if different from the address above):
161 N. First Street, San Jose, CA 95113
[_*_] Notice of Intent to Appear by Telephone, by (name): Stephen H. Sutro, John Jay Neukom, Cheryl A. Cauley
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):
b. [42] This statement is submitted jointly by parties (names): See attachment ‘1b.
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): June 14, 2019
b. [4] The cross-complaint, if any, was filed on (date): March 30, 2020 and August 6, 2020
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [3] 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
(1) [£] have not been served (specify names and explain why not):
(2) FJ have been served but have not appeared and have not been dismissed (specify names):
(3) [] have had a default entered against them (specify names):
c. [__] 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. Typeofcasein [(%] complaint [Ge] cross-complaint (Describe, including causes of action):
SunPower's claims: misappropriation and threatened misappropriation of trade secrets, breach of contract and breach of the
duty of loyalty. Standard/GAF Energy cross-complaint: UCL.
Page 10f5
Lach isinech pew a CASE MANAGEMENT STATEMENT ales of Coun,
(CM-110 (Rev. July 1, 2011] www.courts.ca.govCM-110
PLAINTIFF/PETITIONER: SunPower Corporation ‘CASE NUMBER:
2 ‘ = 19CV349042
DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy
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.)
See attachment 4. b.
(1) (!f more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. The party or parties request [“* ] a jury trial [) anonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [__] The trial has been set for (date):
b. [7] 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):
See attachment 6.b.
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. [2] days (specify number): See attachment 7.
b. [-_] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [7] by the attorney or party listed in the caption [__] by the following:
a. Attorney: Stephen H. Sutro (SBN 172168)
b. Firm: Duane Morris LLP
c. Address: One Market, Spear Tower, Suite 2200, San Francisco CA 94105
d. Telephone number: 415-957-3000 f. Fax number: 415-957-3001
e. E-mail address: shsutro@duanemorris.com g. Party represented: SunPower Corporation
[Ge] Additional representation is described in Attachment 8.
9. Preference
[] 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 [[_] hasnot 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).
(1) [J 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) [_] 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 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2015CM-110
PLAINTIFF/PETITIONER: SunPower Corporation CASE NUMBER:
DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy 19CV349042
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
[G2] Mediation session scheduled for (date): September 23, 2021
(—) Agreed to complete mediation by (date):
[4] Mediation completed on (date): August 20, 2020
(1) Mediation Ge
[_] Settlement conference not yet scheduled
(2) Settlement Oo [_) Settlement conference scheduled for (date):
conference [J Agreed to complete settlement conference by (date):
[__] Settlement conference completed on (date):
[J Neutral evaluation not yet scheduled
[] Neutral evaluation scheduled for (date):
[] Agreed to complete neutral evaluation by (date):
[] Neutral evaluation completed on (date):
(3) Neutral evaluation Eq
[] Judicial arbitration not yet scheduled
(4) Nonbinding judicial inal [J 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 Ea] [_] 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): aes
CM-110 (Rev, July 1.2011] CASE MANAGEMENT STATEMENT Page 3of5CM-110
PLAINTIFF/PETITIONER: SunPower Corporation CASE NUMBER.
DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy 19CV349042
11. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [__] Yes [-_] No
c. [-_] 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.
([-) Bankruptcy [__] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [__] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[42] Additional cases are described in Attachment 13a.
b. [-_] Amotion to [J 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
[4] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Attachment 15.
16. Discovery
a. [__] The party or parties have completed all discovery.
b. [4] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Attachment 16.b.
c. [3] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Attachment 16.c.
Sn ae SSH CASE MANAGEMENT STATEMENT raetoteCM-110
PLAINTIFF/PETITIONER: SunPower Corporation CASE NUMBER,
DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy 19CV349042
17. Economic liti
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
[] 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. [__] 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): g
| 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 20, 2021
Suzanne R. Fogarty > Suga 4 ve R Foss v lg
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Cheryl Cauley > Chel Cauley
(TYPE OR PRINT NAME) SIGNATURE OF PARTY OR ATTORNEY)
Abraham Tabaie [—) Additional signatures are attached.
Abraham Tabare
CASE MANAGEMENT STATEMENT es
CM-110 [Rev. July 1, 2011]This Statement is jointly submitted by: Plaintiff SunPower Corporation and Defendants
Standard Industries Inc., GAF Energy LLC, and Martin DeBono.
DM1\12404221.6The parties have agreed to participate in a mediation on September 23, 2021. If the
matter is not successfully resolved at the mediation, the parties will file a joint supplemental
Case Management Conference
updating the Court on the statement of the case and recent activity.
DM1\12404221.6The parties have agreed to participate in a mediation on September 23, 2021. If the
matter is not successfully resolved at the mediation, the parties will file a joint supplemental
Case Management Conference
DM1\12404221.6participate in a mediation on September 23, 2021. If the
matter is not successfully resolved at the mediation, the parties will file a joint supplemental
Case Management Conference
updating the Court on estimat
DM1\12404221.6Natalie Sanders, Esq.
1001 Page Mill Road, Building One, Suite 200
Palo Alto, CA 94304
Baker Botts L.L.P.
John (Jay) Neukom, Esq. - Counsel for Defs. St
Abraham A. Tabaie, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP
Palo Alto, CA 94301-1908
Skadden, Arps, Slate, Meagher & Flom LLP
DM1\12404221.6participate in a mediation on September 23, 2021. If the
matter is not successfully resolved at the mediation, the parties will file a joint supplemental
Case Management Conference
updating the Court on related cases.
DM1\12404221.6participate in a mediation on September 23, 2021. If the
matter is not successfully resolved at the mediation, the parties will file a joint supplemental
Case Management Conference
updating the Court on anticipated motions.
DM1\12404221.6participate in a mediation on September 23, 2021. If the
matter is not successfully resolved at the mediation, the parties will file a joint supplemental
Case Management Conference
DM1\12404221.610
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PROOF OF SERVICE
SunPower Corporation v. Martin DeBono, Standard Industries, Inc., GAF Energy;
and DOES 1 - 100
Santa Clara County Superior Court, Action No. 19CV349042
Tam a citizen of the United States, over the age of 18 years, and not a party to interested in
the cause. I am an employee with Duane Morris LLP and my business address is One Market Plaza,
Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s
practices for collecting and processing correspondence for mailing with the United States Postal
Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the
date stated below, I served the following documents:
JOINT CASE MANAGEMENT CONFERENCE STATEMENT WITH ATTACHMENTS
BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed
to the person(s) set forth below, and placed the envelope for collection and mailing
following our ordinary business practices, which are that on the same day
correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with the United States Postal Service in San Francisco, California,
in a sealed envelope with postage fully prepaid. OR
I enclosed the documents in a sealed envelope or package addressed to the
person(s) set forth below, and deposited the sealed envelope with the United States
Postal Service, with the postage fully prepaid.
BY MESSENGER SERVICE: I enclosed the documents in an envelope or package
addressed to the person(s) set forth below and providing the package(s) to a
professional messenger service for same day delivery service.
BY PERSONAL SERVICE: I personally delivered the documents to the persons at
the addresses listed below. (1) For a party represented by an attorney, delivery was
made to the attorney or the attorney’s office by leaving the documents in an envelope
or package clearly labeled to identify the attorney being served with a receptionist or
an individual in charge of the office. (2) For a party, delivery was made to the party or
by leaving the documents at the party’s residence with some person not less than 18
years of age between the hours of eight in the morning and six in the evening.
BY OVERNIGHT DELIVERY: I enclosed the documents in a sealed envelope or
package provided by FedEx and addressed to the person(s) listed below by placing the
envelope or package(s) for collection and transmittal by FedEx pursuant to my firm’s
ordinary business practices, which are that on the same day a FedEx envelope or
package is placed for collection, it is deposited in the ordinary course of business with
FedEx for overnight delivery, with all charges fully prepaid.
BY FACSIMILE: Based on a court order or an agreement of the parties to accept
service by fax transmission, I faxed the documents to the person(s) at the fax
number(s) listed below. No error was reported by the fax machine that I used. A copy
of the record of the fax transmission(s), which I printed out, is attached.
BY ELECTRONIC SERVICE: VIA E-Service by vendor Nationwide Legal LLC
on all counsel on September 20, 2021.
ad
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PROOF OF SERVICE
DM1\10284992.210
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Cheryl A. Cauley, Esq.
Natalie Sanders, Esq.
Baker Botts L.L.P.
1001 Page Mill Road
Building One, Suite 200
Palo Alto, CA 94304
Telephone: 650-739-7500
E-mail: cheryl.cauley@bakerbotts.com
natalie.sanders@bakerbotts.com
KARAN S. DHADIALLA (SBN 296313)
BAKER BOTTS L.L.P.
101 California St., Suite 3600
San Francisco, CA 94111
Telephone: +1.415.291.6200
Fax: +1.415.291.6300
E-mail: karan.dhadialla@bakerbotts.com
John (Jay) Neukom, Esq.
Caroline Van Ness, Esq.
Michelle Kao, Esq.
Skadden, Arps, Slate, Meagher & Flom
LLP
525 University Avenue, Suite 1400
Palo Alto, CA 94301-1908
Telephone: 650.470.4560
E-mail: john.neukom@skadden.com
Caroline. VanNess@skadden.com
Michelle.Kao@skadden.com
Abraham A. Tabaie, Esq.
Raza Rasheed, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP
300 S. Grand Avenue, Suite 3400
Los Angeles, CA 90071
E-mail: atabaie@skadden.com
raza.rasheed@skadden.com
Counsel for Defendant, Martin DeBono
Via Electronic Service
Counsel for Defendant, Martin DeBono
Via Electronic Service
Counsel for Defendants, Standard/GAF
Energy
Via Electronic Service
Counsel for Defendants, Standard/GAF
Energy
Via Electronic Service
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: September 20, 2021
/s/_ Jean Marie Reed
Jean Marie Reed
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PROOF OF SERVICE
DM1\10284992.2
Preview
19CV349042 Santa Clara — Civil GMA stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) STEPHEN H. SUTRO, ESQ. (SBN 172168) SER CORT IBZ Y SUZANNE R. FOGARTY, ESQ. (SBN 154319) Electronically Filed DUANE MORRIS LLP ‘ One Market Plaza, Spear Tower, Suite 2200, San Francisco, CA 94105 Dane of aaauicia ee , TELEPHONE NO: 415-957-3000 FAX NO. (Optional): 415-957-3001 ion 9/20/2021 5:58 PM E-MAIL ADDRESS (Optonai): SHSutro@DuaneMorris.com / SRFogarty@DuaneMorris.com Reviewed By: System System ATTORNEY FOR (Name): Plaintiff, SunPower Corporation Case #19CV349042 ISUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelope: 7302724 ‘STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street ciTy AND zip cope: San Jose, California 95113 BRANCH NAME: Downtown Branch PLAINTIFF/PETITIONER: SunPower Corporation DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy CASE MANAGEMENT STATEMENT CASE NUMBER: 19CV349042 (Check one): [=] UNLIMITED CASE (J Limitep case (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) |A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 5, 2021 Time: 10:00 a.m. Dept.: 19 Div.: Room: Address of court (if different from the address above): 161 N. First Street, San Jose, CA 95113 [_*_] Notice of Intent to Appear by Telephone, by (name): Stephen H. Sutro, John Jay Neukom, Cheryl A. Cauley 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): b. [42] This statement is submitted jointly by parties (names): See attachment ‘1b. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): June 14, 2019 b. [4] The cross-complaint, if any, was filed on (date): March 30, 2020 and August 6, 2020 3. Service (to be answered by plaintiffs and cross-complainants only) a. [3] 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 (1) [£] have not been served (specify names and explain why not): (2) FJ have been served but have not appeared and have not been dismissed (specify names): (3) [] have had a default entered against them (specify names): c. [__] 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. Typeofcasein [(%] complaint [Ge] cross-complaint (Describe, including causes of action): SunPower's claims: misappropriation and threatened misappropriation of trade secrets, breach of contract and breach of the duty of loyalty. Standard/GAF Energy cross-complaint: UCL. Page 10f5 Lach isinech pew a CASE MANAGEMENT STATEMENT ales of Coun, (CM-110 (Rev. July 1, 2011] www.courts.ca.govCM-110 PLAINTIFF/PETITIONER: SunPower Corporation ‘CASE NUMBER: 2 ‘ = 19CV349042 DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy 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.) See attachment 4. b. (1) (!f more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request [“* ] a jury trial [) anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [__] The trial has been set for (date): b. [7] 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): See attachment 6.b. 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. [2] days (specify number): See attachment 7. b. [-_] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [7] by the attorney or party listed in the caption [__] by the following: a. Attorney: Stephen H. Sutro (SBN 172168) b. Firm: Duane Morris LLP c. Address: One Market, Spear Tower, Suite 2200, San Francisco CA 94105 d. Telephone number: 415-957-3000 f. Fax number: 415-957-3001 e. E-mail address: shsutro@duanemorris.com g. Party represented: SunPower Corporation [Ge] Additional representation is described in Attachment 8. 9. Preference [] 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 [[_] hasnot 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). (1) [J 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) [_] 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 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2015CM-110 PLAINTIFF/PETITIONER: SunPower Corporation CASE NUMBER: DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy 19CV349042 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 [G2] Mediation session scheduled for (date): September 23, 2021 (—) Agreed to complete mediation by (date): [4] Mediation completed on (date): August 20, 2020 (1) Mediation Ge [_] Settlement conference not yet scheduled (2) Settlement Oo [_) Settlement conference scheduled for (date): conference [J Agreed to complete settlement conference by (date): [__] Settlement conference completed on (date): [J Neutral evaluation not yet scheduled [] Neutral evaluation scheduled for (date): [] Agreed to complete neutral evaluation by (date): [] Neutral evaluation completed on (date): (3) Neutral evaluation Eq [] Judicial arbitration not yet scheduled (4) Nonbinding judicial inal [J 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 Ea] [_] 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): aes CM-110 (Rev, July 1.2011] CASE MANAGEMENT STATEMENT Page 3of5CM-110 PLAINTIFF/PETITIONER: SunPower Corporation CASE NUMBER. DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy 19CV349042 11. Insurance a. [__] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [__] Yes [-_] No c. [-_] 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. ([-) Bankruptcy [__] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [__] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [42] Additional cases are described in Attachment 13a. b. [-_] Amotion to [J 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 [4] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Attachment 15. 16. Discovery a. [__] The party or parties have completed all discovery. b. [4] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Attachment 16.b. c. [3] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Attachment 16.c. Sn ae SSH CASE MANAGEMENT STATEMENT raetoteCM-110 PLAINTIFF/PETITIONER: SunPower Corporation CASE NUMBER, DEFENDANT/RESPONDENT: Martin DeBono, Standard Industries Inc., GAF Energy 19CV349042 17. Economic liti 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 [] 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. [__] 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): g | 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 20, 2021 Suzanne R. Fogarty > Suga 4 ve R Foss v lg (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Cheryl Cauley > Chel Cauley (TYPE OR PRINT NAME) SIGNATURE OF PARTY OR ATTORNEY) Abraham Tabaie [—) Additional signatures are attached. Abraham Tabare CASE MANAGEMENT STATEMENT es CM-110 [Rev. July 1, 2011]This Statement is jointly submitted by: Plaintiff SunPower Corporation and Defendants Standard Industries Inc., GAF Energy LLC, and Martin DeBono. DM1\12404221.6The parties have agreed to participate in a mediation on September 23, 2021. If the matter is not successfully resolved at the mediation, the parties will file a joint supplemental Case Management Conference updating the Court on the statement of the case and recent activity. DM1\12404221.6The parties have agreed to participate in a mediation on September 23, 2021. If the matter is not successfully resolved at the mediation, the parties will file a joint supplemental Case Management Conference DM1\12404221.6participate in a mediation on September 23, 2021. If the matter is not successfully resolved at the mediation, the parties will file a joint supplemental Case Management Conference updating the Court on estimat DM1\12404221.6Natalie Sanders, Esq. 1001 Page Mill Road, Building One, Suite 200 Palo Alto, CA 94304 Baker Botts L.L.P. John (Jay) Neukom, Esq. - Counsel for Defs. St Abraham A. Tabaie, Esq. Skadden, Arps, Slate, Meagher & Flom LLP Palo Alto, CA 94301-1908 Skadden, Arps, Slate, Meagher & Flom LLP DM1\12404221.6participate in a mediation on September 23, 2021. If the matter is not successfully resolved at the mediation, the parties will file a joint supplemental Case Management Conference updating the Court on related cases. DM1\12404221.6participate in a mediation on September 23, 2021. If the matter is not successfully resolved at the mediation, the parties will file a joint supplemental Case Management Conference updating the Court on anticipated motions. DM1\12404221.6participate in a mediation on September 23, 2021. If the matter is not successfully resolved at the mediation, the parties will file a joint supplemental Case Management Conference DM1\12404221.610 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE SunPower Corporation v. Martin DeBono, Standard Industries, Inc., GAF Energy; and DOES 1 - 100 Santa Clara County Superior Court, Action No. 19CV349042 Tam a citizen of the United States, over the age of 18 years, and not a party to interested in the cause. I am an employee with Duane Morris LLP and my business address is One Market Plaza, Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s practices for collecting and processing correspondence for mailing with the United States Postal Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the date stated below, I served the following documents: JOINT CASE MANAGEMENT CONFERENCE STATEMENT WITH ATTACHMENTS BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the person(s) set forth below, and placed the envelope for collection and mailing following our ordinary business practices, which are that on the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in San Francisco, California, in a sealed envelope with postage fully prepaid. OR I enclosed the documents in a sealed envelope or package addressed to the person(s) set forth below, and deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. BY MESSENGER SERVICE: I enclosed the documents in an envelope or package addressed to the person(s) set forth below and providing the package(s) to a professional messenger service for same day delivery service. BY PERSONAL SERVICE: I personally delivered the documents to the persons at the addresses listed below. (1) For a party represented by an attorney, delivery was made to the attorney or the attorney’s office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. BY OVERNIGHT DELIVERY: I enclosed the documents in a sealed envelope or package provided by FedEx and addressed to the person(s) listed below by placing the envelope or package(s) for collection and transmittal by FedEx pursuant to my firm’s ordinary business practices, which are that on the same day a FedEx envelope or package is placed for collection, it is deposited in the ordinary course of business with FedEx for overnight delivery, with all charges fully prepaid. BY FACSIMILE: Based on a court order or an agreement of the parties to accept service by fax transmission, I faxed the documents to the person(s) at the fax number(s) listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission(s), which I printed out, is attached. BY ELECTRONIC SERVICE: VIA E-Service by vendor Nationwide Legal LLC on all counsel on September 20, 2021. ad 2 PROOF OF SERVICE DM1\10284992.210 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cheryl A. Cauley, Esq. Natalie Sanders, Esq. Baker Botts L.L.P. 1001 Page Mill Road Building One, Suite 200 Palo Alto, CA 94304 Telephone: 650-739-7500 E-mail: cheryl.cauley@bakerbotts.com natalie.sanders@bakerbotts.com KARAN S. DHADIALLA (SBN 296313) BAKER BOTTS L.L.P. 101 California St., Suite 3600 San Francisco, CA 94111 Telephone: +1.415.291.6200 Fax: +1.415.291.6300 E-mail: karan.dhadialla@bakerbotts.com John (Jay) Neukom, Esq. Caroline Van Ness, Esq. Michelle Kao, Esq. Skadden, Arps, Slate, Meagher & Flom LLP 525 University Avenue, Suite 1400 Palo Alto, CA 94301-1908 Telephone: 650.470.4560 E-mail: john.neukom@skadden.com Caroline. VanNess@skadden.com Michelle.Kao@skadden.com Abraham A. Tabaie, Esq. Raza Rasheed, Esq. Skadden, Arps, Slate, Meagher & Flom LLP 300 S. Grand Avenue, Suite 3400 Los Angeles, CA 90071 E-mail: atabaie@skadden.com raza.rasheed@skadden.com Counsel for Defendant, Martin DeBono Via Electronic Service Counsel for Defendant, Martin DeBono Via Electronic Service Counsel for Defendants, Standard/GAF Energy Via Electronic Service Counsel for Defendants, Standard/GAF Energy Via Electronic Service I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: September 20, 2021 /s/_ Jean Marie Reed Jean Marie Reed 3 PROOF OF SERVICE DM1\10284992.2