Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY TName. Smfe Bar numlmr and addlessSSN 221 5T1 FOR COURT USE ONL Y
Matthew J. Gluck
3LUCK DANIEL ATKINSON LLP
201 Mission Street, Suite 1330, San Francisco, CA 941 05 ELECTRONICALLY
TELEPHoNE ND.41 5-51 0-21 1 4 Fax No fonsmudf41 5-51 0-2208 FILED
EOIAIL ADDREss IDPsolmff. litigatiOn egluCkdaniel.COm Superior Court of California,
County of San Francisco
ATTORNEY FOR IN Smf Def/X-Complainant EARL G. OR ICKO STOKES
8UPERIoR COURT OF CALIFORNIA, coUNTY OFSAN FRANCISCO 09/14/2021
sTREET ADDREss: 400 McAllister Street Clerk of the Court
BY: VERA MU
MAILING ADDREss 400 McAllister Street
Deputy Clerk
GITY AND zIPcoDE: San Francisco, CA 94102
swwcH NAME Civic Center
PLAINTIFF/PETITIQNER: ROSS H. MOORE on behalf of STEAMWORKS
DEFENDANT/RESPQNDENT: GREAT WORKS, INC., ET AL.
(Checff one)f ~ UNLINIITED CASE
(Amount demanded
~
CASE MANAGEMENT STATEMENT
UINITED CASE
(Amount demanded is $ 25,000
CASE NUMBER
CGC-18-568669
exceeds $25,000) or less)
A CASE MANAGEINENT CONFERENCE is scheduled as follows:
Date: September 29, 2021 Time: 10:30 a.m. Dept.: 610 Div.: Civil Room:
Address of court (if di/ferent from the address above):
~ Notice of intent toAppearby Telephone, by(name): Matthew J. Gluck
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. or
Party parties (snswer one):
b. ~
a. Ci2 This statement is submitted by party (name): EARL G. "RICK" STOKES
This statement is submitted jointly by parties (namss):
2. Complaint and crosswomplaint (tobe answered by p/ainti/fs and cross compiainan/s only)
a. The complaint was f1 led on (date):
b. CZ The cross-complaint, ifany, was filed on (date): september 25, 2018
3. Service (io be answered by p/aint/ffs and cross-comp/ainanrs only)
b. ~
a. CD Afi parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
(1) Mhave not been served (specify names and explain why nof):
(2) ~ 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 parsee may be added (speci/y names, nature of involvement in case, and dale by which
they may be served):
4. Descripuon of case
a TYPe of case in Ei] complaint D2 cross-complaint (Describe, including causes of action):
Dispute among owners of related business entities. Mr. Stokes alleges that Mr. Moore has breached fiduciary
duties owed to him, and that cross-defendants invaded his privacy and violated P.C. 528.5
PSOO I Ol S
Foun Adontmf flu Mloldstolr Uso
Judmml Counca of Csafonus CASE MANAGEMENT STATEMENT Cal Rules SI Cours
russ 3 120-3 230
DM-110 IRev July I, 2011) www coeds ca Boa
CM-110
PLAINTIFF/PETITIONER. ROSS H. MOORE on behalf of STEAMWORKS
t DEFENDANT/RESPONDENT:GREAT WORKS, INC., ET AL.
4. b.
CG C-1 8-568669
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 dale, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief)
Stokes and Moore are co-owners and members of Steamworks Management, LLC. Disputes have arisen
regarding past conduct and the operations of Steamworks and related businesses.
space is needed, check this box and attach a page designated as Allachment 45.)
(If more
5. Jury or nonjury trial
The party or parties request
requesting a jury trial):
~
a jury trial ~
a nonjury triaL (If more than one party, provide the name of each party
6.
a. ~
Trial date
The trial has been set for (dale):
b. C43 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):
c. jjgg ~yhiclgagiy og gqget3 iIfjjj ~ Pg ayjigblg grgjaj (spggi@gaggg ftxqigin
j reasons for unavailability):
7. Estimated length of trial
a.
b.
~
The party or parties estimate that the trial will take (check one):
~ days (specify number): 5 10
hours (short causes) (specify):
8. Trial representation (lo be answered for each party)
The party or parties will be represented at trial
a. Attorney:
~ by the attorney or party listed in the caption ~ by the fallowing:
b. Firm:
c. Address:
d. Telephone number: f. Fax number.
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code seclion):
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 has not provided the ADR information package identified
in rule 3.221 to the dient and reviewed ADR options with the client.
(2) For self-represented parties: Party H has H has not reviewed the ADR information package identified in rule 3.221.
b.
(1) ~
Referral to judicial arbitration or civil action mediation (if available).
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to ciwl 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 speofied 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 Courter from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Multiple causes of action, damages exceed $50,000
cun10 Ixev. July x 2011i pree 2 of s
CASE MANAGEMENT STATENIENT
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: ROSS H. MOORE on behalf of STEAMWORKS
CGC-18-568669
EFENDANT/RESPONDENT: GREAT WORKS, INC., 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'DR
processes (check all that apply) stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
C3 Agreed to complete mediation by (date):
Mediation completed on (date)
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (dale)
conference
Agreed to complete settlement conference by (dale):
Settlement conference completed on (dale):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluafion
Agreed to complete neutral evaluation by (dale):
Neutral evaluation completed on (dale)
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (dale):
arbitradon
Agreed to complete judicial arbitration by (dale):
Judicial arbitration completed on (dale):
C3 Private arbitration not yet scheduled
(5) Binding private C3 Private arbitration scheduled for (dale):
arbitration
C3 Agreed to complete private arbitration by (dale):
Private arbitration completed on (dale):
ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (dale):
CM.110 IRov. July 1, 201 1I Paso 3 of 0
CASE MANAGEMENT STATENIENT
CM-1 1n
CASE NUMBER
PLAINTIFF/PETITIDNER: ROSS H. MOORE on behalf of STEAMWORKS
CGC-18-568669
DEFENDANT/RESPONDENT: GREAT WORKS, INC., ET AL.
11. Insurance
a. ~ Insurance carrier, if any, for party filing this statement (nsme):
M
b.
c. ~
Reservation of rights; Yes C3 No
Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
~
Indicate any matters that may atfect the court's jurisdiction or processing of this case and describe the status.
Status:
Bankruptcy C3
Other (specify):
13. Related
s ~ cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number.
b.
~
E3
(4) Status:
Additional
A motion to
cases are described in Attachment 13a.
C] consolidate C] coordinate will be filed by (name parry).
~
14. Bifurcation
The parly or parties intend to file a motion for an order bifurcating, severiing, or coordinating the following issues or causes of
action (spec/yy moving parly, type of motion, and reasons):
~
15. Other motions
The party or parties expect to file the fofiowing motions before trial (specify moving party, type of motion, snd issues):
16. Discovery
a.
b.
~
~ The party or parfies have completed afi discovery.
The following discovery will be completed by the date specified (dsscnbs all anticipated discovery):
~Pa Descriotion Date
Stokes Written Discovery Per Code, but
Stokes Depositions subject to stay
Stokes Expert Discovery
c ~ The following discovery issues, induding issues regarding the discovery of electronically stored information, are
anticipated (speci/I/):
CM-110 IRev /40 1, 201i I CASE MANAGEMENT STATEMENT Reeeeete
CM-110
CASE NUMBER
PLAINTIFF/PETITIQNER: ROSS H. MOORE on behalf of STEAMWORKS
tDEFENpANT(REspoNDENT GREAT WORKS, INC., ET AL.
CGC-18-568669
a, ~
17. Economic litigation
This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
b. ~ of Civil Procedure sections SO-98 will apply to this case.
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 speclfically why economic liligaiion procedures relating (o discovery or trial
should nof apply lo this case):
18. Other issues
C3 The party or parties request that the following additional matter be considered or determined at the case management
conference (specify)(
19.
a. ~
Iieet and confer
The parly 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 confening as required by rule 3.724 of the California Rules of Court, the part)es agree on the following
(specify):
20. Total number of pages attached (if any): 0
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the 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 14, 2021
Matthew J. Gluck
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
~ (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
cM-110 [Reu July \,2011) Pese 0 01 0
CASE MANAGEMENT STATENIENT
For. yopieprptection and privac)yn(Please:
nreenee 8)ya (F'.IF'ear TPy(M 'F(yr TYI TAI Itfnye Mffeev v yyui I.
'I Save This Form I
Print This Form I I Clear This Form [
PROOF OF SERVICE
I, Brenda Martinez-Eby, declare as follows: 1 am a citizen of the United States, over the age of
eighteen years and not a party to the within entitled action. My business address is Gluck Daniel Atkinson
LLP, 201 Mission Street, Suite 1330, San Francisco, California 94105. I served the attached paper
identified below on the interested parties in said action, by placing a true copy thereof in sealed envelope(s)
addressed as indicated and served the named document in the manner indicated below:
5 CASE MANAGEMENT STATEMENT
Service upon:
Jamie C. Couche, Esq. Mark Epstein, Esq.
Anderson & Poole, P.C. Seih r Epstein LLP
601 Calfo rnia St Ste 1300 275 Battery Street, Ste. 1600
9 San Franc isc o,CA 94108 San Francisco, CA 94111
jc cuc h ssadph w.c om mweQsezalaw.corn
10
11
Attorneys for Defendant and Cross-Claimant Attorneys for Defendant and Cross-Claimant
Great Works Inc. Laurence Hickey
12
Charles J. Wisch, Esq.
13 LAW OFFICES OFCHARLES J. WISCH
275 Battery Street, Suite 1300
14
San Francisco, CA 94111
15 Tel: 415-788-1945
Fax: 415-788-1948
16 Email: cjwisch@wischlaw.corn
17 messenger
Attorneys for Plaintiff and Cross-Defendant
Ross H. Moore
18
19 BY HAND DELIVERY; (caused true and correct copies of the above document(s) to be placed withn
a sealed envelope or other package suitable for handln g by a or cours r service and then cauld
20 the package to be hand-delivered by a same-day meuenger service to the addressee(s) o nthis date.
BY EMAIL: I eau ted true and correct cope s of the above document(s) to be sent via emai to the
21 addressee(s) o nthis date. 1 dil not receive a notice ndi catn g delivery fai ure.
22 BY E-SERVICE: 1 cau ied true and correct coph s of the above document(s) to be sent via electro nc
transmits i& n through the Court's E-service vendor n co rfonnity with San Francisco Superb r Court Local
23 Rule 2.10.
24 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed September 14, 2021, at San Francisco, California.
25
26 K~p~ J 'en~fi~: 8~~
Brenda M+nez-+
27
28
PROOF OF SERVICE