Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stato Bar number, and address) FOR COURT USE ONLY
BRUCE A. SCHEIDT, SBN 155088; CHRISTOPHER ONSTOTT, SBN 225968
ERROL C. DAUIS, SBN 279313
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
400 Capitol Mall, 27" Floor, Sacramento, CA 95814
reverone no. (916) 321-4500 FAX NO. (Optonay: (916) 321-4555
ELECTRONICALLY
E-MAIL ADDRESS (Optonay: bscheidt@kmtg.com; constott@kmtg.com; edauis@kmtg.com
a FILED
__ATToaNeY FoR ame: GOLDEN PACIFIC BANK, N.A Superior Court of Caifomia,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco
srreer anneess: 400 McAllister 11/01/2016
Clerk of the Court
BY:DARLENE LUM
city ano zip cove. San Francisco, California 94102 Deputy Clerk
MAILING ADDRESS
BRANCH NAME
PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A.
DEFENDANT/RESPONDENT: BILLFLOAT, INC. ET AL.
CASE MANAGEMENT STATEMENT Goan aennd
(Check one): {X] UNLIMITED CASE C] uimitep case aa
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
| A CASE MANAGEMENT CONFERENCE is scheduled as follows:
, Date: November 16, 2016 Time: 10:30 a.m. Dept.: Room 610 Div.: Room:
i Address of court (if different from the address above):
| Notice of Intent to Appear by Telephone, by (name): Christopher Onstott
i
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): Plaintiff & Cross-Defendant GOLDEN PACIFIC BANK, N.A.
b. [] This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 10/02/15 in Sacramento County; transferred to S.F. County on 01/11/16
b. [J] The cross-compiaint, if any, was filed on (date): BillFloat, Inc.'s Cross-Complaint filed on 02/08/16; First Amended
Cross-Compiaint filed 09/14/16
3. Service (fo be answered by plaintiffs and cross-complainants only)
a. Bd Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed
b. [1 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) [)_ 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. Type of case in complaint (1 cross-compiaint (Describe, including causes of action):
Plaintiff Golden Pacific Bank, N.A. seeks damages and injunctive relief for breach of contract, fraud, rescission,
misappropriation of trade secrets, unjust enrichment, and unfair business practices (Bus. & Prof. Code § 17200)
Page tof 5
Feria comenol Commtale CASE MANAGEMENT STATEMENT Gal Rugs of Cour
CM-116 [Rev, July 4, 2014]
1502363.1 14023-004CM-110
vr ‘CASE NUMBER:
PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. CGC-16-549804
| DEFENDANT/RESPONDENT: BILLFLOAT, INC. 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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff and Defendant BillFloat jointly developed "SmartBiz", an online platform for small business lending. The
parties agreed to jointly develop, finance, and own certain intellectual property ("Joint IP"), and the agreements
were memorialized in written contracts. Plaintiff was entitled to share in fees and revenues. Defendants
improperly used Plaintiff's trade secrets and/or disclosed the trade secrets to third-parties. Defendants also failed
to refer loans to Plaintiff and share revenues with Plaintiff pursuant to their agreements and overcharged Plaintiff.
[1 (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 ajurytrial [[] anonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. (]_ The triat has been set for (date)
b. [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): Discovery remains to be completed.
<, Dates on which parties or attomeys 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. [days (specify number): 25
b. [1] hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented at trial [X] by the attorney or party listed in the caption (1 by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
{J 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 selfrepresented parties: Party [[] has] has not reviewed the ADR information package identified in rule 3.224
». Referral to judicial arbitration or civil action mediation (if available).
(1) (1) 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) [J 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) El 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):
The case has multiple parties and causes of action, and the amount in controversy exceeds $50,000.
M10 Rev 4.2094 CASE MANAGEMENT STATEMENT Page 2 of 5
1502363.1 14023-004 rerican LegalNet,
Fann WorCM-110
PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. CASE NUMBER.
| CGC-16-549804
|DEFENDANT/RESPONDENT: BILLFLOAT, INC. ET AL.
410. 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 | !f 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 aif that apply): | stipulation):
{1 Mediation session not yet scheduled
(1) Mediation session scheduled for (date):
(1) Mediation &
(C1 Agreed to complete mediation by (date):
[1 Mediation completed on (date):
LX] Settlement conference not yet scheduled
(2) Settlement ra (1) Settlement conference scheduled for (date).
conference (1 Agreed to complete settlement conference by (date) :
(2 Settlement conference completed on (date)
oO Neutral evaluation not yet scheduled
(11 Neutrat evaluation scheduled for (date):
(3) Neutral evaluation im
(] Agreed to complete neutral evaluation by (date):
(1 Neutral evaluation completed on (date):
(1 Judicial arbitration not yet scheduled
(4) Nonbinding judicial g (11 Judicial arbitration scheduled for (date):
arbitration naan a
[1 Agreed to complete judicial arbitration by (date).
(1 Judicial arbitration completed on (date):
(1 Private arbitration not yet scheduled
(6) Binding private Oo [1] Private arbitration scheduled for (date):
arbitration ann :
oO Agreed to complete private arbitration by (date).
(1 Private arbitration completed on (date)
[1 ADR session not yet scheduled
(6) Other (specify) o (1 ADR session scheduled for (date):
(1 Agreed to complete ADR session by (date):
(1 ADR completed on (date):
(M-110 (Rev. duly 4, 2077] CASE MANAGEMENT STATEMENT Page 3 of 5
1602363.1 14023-004CM-110
PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. CASE NUMBER:
CGC-16-549804
| eFENO \NT/RESPONDENT: BILLFLOAT, INC. ET AL
411. Insurance
a. [] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [] Yes CI No
c. (1 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.
(J) Bankruptcy (] Other (specify)
Status:
13. Related cases, consolidation, and coordination
a. {&] There are companion, underlying, or related cases.
(1) Name of case: BillFloat, Inc. v. Virginia Varela, et al.
(2) Name of court: Superior Court of California, County of Contra Costa
(3) Case number: C16-00250
(4) Status: BillFloat, Inc. requested dismissal with prejudice of the entire action on 05/25/16, granted 05/25/16
(]_ Additional cases are described in Attachment 13a.
b. [) Amotionto [] consolidate (1 coordinate will be filed by (name party):
Ruling on Motion for Attorneys’ Fees is pending
14. Bifurcation
(1) 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
El The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for Summary Judgment/Adjudication
16. Discovery
a. {C] The party or parties have completed all discovery.
b The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Golden Pacific Bank, N.A. Depositions Jan. 2018
Golden Pacific Bank, N.A Written Discovery Feb. 2018
Golden Pacific Bank, N.A. Expert Discovery March 2018
c. (] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-140 Rev. Juy 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5
1502363.1 14023-004CASE NUMBER
- PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. CGC-16-549804
DEFENDANT/RESPONDENT: BILLFLOAT, INC. ET AL
17. Economic litigation
a. {] Thisis a limited civil case (.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. [] Thisis 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
(1 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).
{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: November 1, 2016
Christopher Onstott_
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY}
(D Additional signatures are attached.
ee CASE MANAGEMENT STATEMENT Page § of §
1502363.1 14023-004PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
At the time of service, I was over 18 years of age and not a party to this action. [am
employed in the County of Sacramento, State of California. My business address is 400 Capitol
Mall, 27th Floor, Sacramento, CA 95814.
7 On November 1, 2016, I served true copies of the following document(s) described as
CASE MANAGEMENT STATEMENT on the interested parties in this action as follows:
SEE ATTACHED SERVICE LIST
BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
document(s) to be sent from e-mail address ehamman@kmtg.com to the persons at the e-mail
listed in the Service List. The document(s) were transmitted at or before 5:00 p.m. I did
| ve, 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
foregoing is true and correct.
Executed on November |, 2016, at Sacramento, California.
a
elia Hammar’
1
PROOF OF SERVICESERVICE LIST
Golden Pacific Bank, N.A. v. BillFloat, Inc., Ryan Gilbert, Sean O'Malley
San Francisco Superior Court, Case No. CGC-16-549804
William T. Webb
Jennifer D. Yu
155 Montgomery Street, Ste. 1200
San Francisco, CA 94104
Tel.: 415-277-7200
Fax: 415-277-7210
Attorneys for Ryan Gilbert & Sean O'Malley:
Peter L. Isola
Robert I. Lockwood
HINSHAW & CULBERTSON LLP
One California Street, 18" Floor
San Francisco, CA 94111
Tel.: 415-362-6000
Fax: 415-834-
Email: bhi
com
inshawlaw.com
2
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stato Bar number, and address) FOR COURT USE ONLY BRUCE A. SCHEIDT, SBN 155088; CHRISTOPHER ONSTOTT, SBN 225968 ERROL C. DAUIS, SBN 279313 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD 400 Capitol Mall, 27" Floor, Sacramento, CA 95814 reverone no. (916) 321-4500 FAX NO. (Optonay: (916) 321-4555 ELECTRONICALLY E-MAIL ADDRESS (Optonay: bscheidt@kmtg.com; constott@kmtg.com; edauis@kmtg.com a FILED __ATToaNeY FoR ame: GOLDEN PACIFIC BANK, N.A Superior Court of Caifomia, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco srreer anneess: 400 McAllister 11/01/2016 Clerk of the Court BY:DARLENE LUM city ano zip cove. San Francisco, California 94102 Deputy Clerk MAILING ADDRESS BRANCH NAME PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. DEFENDANT/RESPONDENT: BILLFLOAT, INC. ET AL. CASE MANAGEMENT STATEMENT Goan aennd (Check one): {X] UNLIMITED CASE C] uimitep case aa (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) | A CASE MANAGEMENT CONFERENCE is scheduled as follows: , Date: November 16, 2016 Time: 10:30 a.m. Dept.: Room 610 Div.: Room: i Address of court (if different from the address above): | Notice of Intent to Appear by Telephone, by (name): Christopher Onstott i 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): Plaintiff & Cross-Defendant GOLDEN PACIFIC BANK, N.A. b. [] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 10/02/15 in Sacramento County; transferred to S.F. County on 01/11/16 b. [J] The cross-compiaint, if any, was filed on (date): BillFloat, Inc.'s Cross-Complaint filed on 02/08/16; First Amended Cross-Compiaint filed 09/14/16 3. Service (fo be answered by plaintiffs and cross-complainants only) a. Bd Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed b. [1 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) [)_ 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. Type of case in complaint (1 cross-compiaint (Describe, including causes of action): Plaintiff Golden Pacific Bank, N.A. seeks damages and injunctive relief for breach of contract, fraud, rescission, misappropriation of trade secrets, unjust enrichment, and unfair business practices (Bus. & Prof. Code § 17200) Page tof 5 Feria comenol Commtale CASE MANAGEMENT STATEMENT Gal Rugs of Cour CM-116 [Rev, July 4, 2014] 1502363.1 14023-004CM-110 vr ‘CASE NUMBER: PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. CGC-16-549804 | DEFENDANT/RESPONDENT: BILLFLOAT, INC. 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiff and Defendant BillFloat jointly developed "SmartBiz", an online platform for small business lending. The parties agreed to jointly develop, finance, and own certain intellectual property ("Joint IP"), and the agreements were memorialized in written contracts. Plaintiff was entitled to share in fees and revenues. Defendants improperly used Plaintiff's trade secrets and/or disclosed the trade secrets to third-parties. Defendants also failed to refer loans to Plaintiff and share revenues with Plaintiff pursuant to their agreements and overcharged Plaintiff. [1 (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 ajurytrial [[] anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. (]_ The triat has been set for (date) b. [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): Discovery remains to be completed. <, Dates on which parties or attomeys 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. [days (specify number): 25 b. [1] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [X] by the attorney or party listed in the caption (1 by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: {J 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 selfrepresented parties: Party [[] has] has not reviewed the ADR information package identified in rule 3.224 ». Referral to judicial arbitration or civil action mediation (if available). (1) (1) 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) [J 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) El 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): The case has multiple parties and causes of action, and the amount in controversy exceeds $50,000. M10 Rev 4.2094 CASE MANAGEMENT STATEMENT Page 2 of 5 1502363.1 14023-004 rerican LegalNet, Fann WorCM-110 PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. CASE NUMBER. | CGC-16-549804 |DEFENDANT/RESPONDENT: BILLFLOAT, INC. ET AL. 410. 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 | !f 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 aif that apply): | stipulation): {1 Mediation session not yet scheduled (1) Mediation session scheduled for (date): (1) Mediation & (C1 Agreed to complete mediation by (date): [1 Mediation completed on (date): LX] Settlement conference not yet scheduled (2) Settlement ra (1) Settlement conference scheduled for (date). conference (1 Agreed to complete settlement conference by (date) : (2 Settlement conference completed on (date) oO Neutral evaluation not yet scheduled (11 Neutrat evaluation scheduled for (date): (3) Neutral evaluation im (] Agreed to complete neutral evaluation by (date): (1 Neutral evaluation completed on (date): (1 Judicial arbitration not yet scheduled (4) Nonbinding judicial g (11 Judicial arbitration scheduled for (date): arbitration naan a [1 Agreed to complete judicial arbitration by (date). (1 Judicial arbitration completed on (date): (1 Private arbitration not yet scheduled (6) Binding private Oo [1] Private arbitration scheduled for (date): arbitration ann : oO Agreed to complete private arbitration by (date). (1 Private arbitration completed on (date) [1 ADR session not yet scheduled (6) Other (specify) o (1 ADR session scheduled for (date): (1 Agreed to complete ADR session by (date): (1 ADR completed on (date): (M-110 (Rev. duly 4, 2077] CASE MANAGEMENT STATEMENT Page 3 of 5 1602363.1 14023-004CM-110 PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. CASE NUMBER: CGC-16-549804 | eFENO \NT/RESPONDENT: BILLFLOAT, INC. ET AL 411. Insurance a. [] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [] Yes CI No c. (1 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. (J) Bankruptcy (] Other (specify) Status: 13. Related cases, consolidation, and coordination a. {&] There are companion, underlying, or related cases. (1) Name of case: BillFloat, Inc. v. Virginia Varela, et al. (2) Name of court: Superior Court of California, County of Contra Costa (3) Case number: C16-00250 (4) Status: BillFloat, Inc. requested dismissal with prejudice of the entire action on 05/25/16, granted 05/25/16 (]_ Additional cases are described in Attachment 13a. b. [) Amotionto [] consolidate (1 coordinate will be filed by (name party): Ruling on Motion for Attorneys’ Fees is pending 14. Bifurcation (1) 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 El The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for Summary Judgment/Adjudication 16. Discovery a. {C] The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Golden Pacific Bank, N.A. Depositions Jan. 2018 Golden Pacific Bank, N.A Written Discovery Feb. 2018 Golden Pacific Bank, N.A. Expert Discovery March 2018 c. (] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-140 Rev. Juy 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 1502363.1 14023-004CASE NUMBER - PLAINTIFF/PETITIONER: GOLDEN PACIFIC BANK, N.A. CGC-16-549804 DEFENDANT/RESPONDENT: BILLFLOAT, INC. ET AL 17. Economic litigation a. {] Thisis a limited civil case (.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. [] Thisis 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 (1 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). {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: November 1, 2016 Christopher Onstott_ (TYPE OR PRINT NAME) (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY} (D Additional signatures are attached. ee CASE MANAGEMENT STATEMENT Page § of § 1502363.1 14023-004PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SACRAMENTO At the time of service, I was over 18 years of age and not a party to this action. [am employed in the County of Sacramento, State of California. My business address is 400 Capitol Mall, 27th Floor, Sacramento, CA 95814. 7 On November 1, 2016, I served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent from e-mail address ehamman@kmtg.com to the persons at the e-mail listed in the Service List. The document(s) were transmitted at or before 5:00 p.m. I did | ve, 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 foregoing is true and correct. Executed on November |, 2016, at Sacramento, California. a elia Hammar’ 1 PROOF OF SERVICESERVICE LIST Golden Pacific Bank, N.A. v. BillFloat, Inc., Ryan Gilbert, Sean O'Malley San Francisco Superior Court, Case No. CGC-16-549804 William T. Webb Jennifer D. Yu 155 Montgomery Street, Ste. 1200 San Francisco, CA 94104 Tel.: 415-277-7200 Fax: 415-277-7210 Attorneys for Ryan Gilbert & Sean O'Malley: Peter L. Isola Robert I. Lockwood HINSHAW & CULBERTSON LLP One California Street, 18" Floor San Francisco, CA 94111 Tel.: 415-362-6000 Fax: 415-834- Email: bhi com inshawlaw.com 2 PROOF OF SERVICE