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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Jamie C. Couche 252001
Anderson Poole & Couche, P.C.
150 Post Street, Suite 742
San Francisco, CA 94108 ELECTRONICALLY
TELEPHONE NO.: 415-956-6413 FAX NO.(Optional): 415-956-6416
E-MAIL ADDRESS (Optional): jcouche@adplaw.com FILED
Superior Court of California,
Defendant Great Works, Inc.
ATTORNEY FOR (Name):
County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
STREET ADDRESS: 400 McAllister Street 09/14/2021
MAILING ADDRESS:
Clerk of the Court
BY: VERA MU
CITY AND ZIP CODE: San Francisco, CA 94102 Deputy Clerk
BRANCH NAME:
PLAINTIFF/PETITIONER: Ross H. Moore, suing
derivatively on behalf of Steamworks Management, LLC
DEFENDANT/RESPONDENT: Great Works, Inc., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one):
X UNLIMITED CASE LIMITED CASE CGC-18-568669
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 09/29/2021 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
X Notice of Intent to Appear by Telephone, by (name): Jamie C. Couche
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. X This statement is submitted by party (name): Defendant Great Works, Inc.
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 8/3/2018
b.
X The cross-complaint, if any, was filed on (date): 9/25/2018
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. X The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2)
X have been served but have not appeared and have not been dismissed (specify names):
Dominic Paramore (sub-served)
(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 the date by which
they may be served):
4. Description of case
a. Type of case in complaint
X cross-complaint (Describe, including causes of action):
See attachment 4(a)
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720-3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER:Ross H. Moore CASE NUMBER:
CGC-18-568669
DEFENDANT/RESPONDENT: Great works, 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
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
See attachment 4(b)
X (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
X a jury trial a nonjury 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. X 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): Stayed pending settlement discussions
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
November 1-5, 2021 (Trial); November 18-27, 2021 (Vacation)
December 1-10, 2021 (Trial); February 2-11, 2022 (Vacation)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. X days (specify number): 10
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial X by the attorney or party listed in the caption by the following:
a. Attorney:
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 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 X has has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of 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) X 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):
(b)(8)
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER:Ross H. Moore CASE NUMBER:
CGC-18-568669
DEFENDANT/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' ADR
processes (check all that apply): stipulation):
X Mediation session not yet scheduled
(1) Mediation
X Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
X Settlement conference not yet scheduled
(2) Settlement
X Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
X Neutral evaluation not yet scheduled
(3) Neutral evaluation
X Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial 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 Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: Ross H. Moore CASE NUMBER:
CGC-18-568669
DEFENDANT/RESPONDENT: Great Works, Inc., et al.
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 X Other (specify): On April 4, 2019, the Court entered a stay in
Status: the proceedings to allow the parties to negotiate a global
resolution.
13. Related cases, consolidation, and coordination
a. X There are companion, underlying, or related cases.
(1) Name of case: Moore v. Unicorn Club, LTD.
(2) Name of court: San Francisco Superior Court
(3) Case number: CGC-18-564825 Consolidated with Case No. CGC-18-564826
(4) Status: Active
X Additional cases are described in Attachment 13a.
b. X A motion to X consolidate coordinate will be filed by (name party):
Great Works, Inc. (CGC-18-564825)
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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. 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
Please see #12, above.
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: Ross H. Moore CASE NUMBER:
CGC-18-568669
DEFENDANT/RESPONDENT: Great Works, Inc. et al.
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
X The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): The parties request that the case management conference
be continued for 90 days.
19. Meet and confer
a. X 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): 2
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: 09/13/2021
Jamie C. Couche /s/ Jamie C. Couche
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
ATTACHMENT TO DEFENDANT GREAT WORKS, INC.’S CMC STATEMENT:
4 a/b.
Substitute plaintiff Ross Moore (“Moore”) derivatively seeks monetary and injunctive
relief on behalf of defrocked plaintiff Steamworks Management LLC (the “LLC”) and
against Defendants Great Works, Inc. (“Great Works”), Rick Stokes (“Stokes”) and
Laurence Hickey (“Hickey”). This is one of four lawsuits Moore commenced against
Stokes and Great Works in 2018.
Moore and Stokes are co-equal members and managers of the LLC. They are also
each 25% owners of Great Works and owners of the other affiliated Steamworks clubs.
The derivative claims raised by Moore are identical to those originally raised by the LLC
and include: (1) claims against all three defendants for (a) interference with prospective
business advantage with the affiliated Steamworks clubs, including Unicorn Club, Ltd.,
Steamworks Seattle, Steamworks Toronto and Steamworks Vancouver, (b) conversion
and (c) unfair competition; (2) claims against Stokes and Hickey for breach of fiduciary
duties; and (3) claims against Hickey for breach of the duty of loyalty. Moore, through
the LLC, seeks $1,784,000 in damages against all three of the defendants – his
damages are speculative.
The LLC was originally formed by Moore and Stokes to perform administrative and
management services for each of the five affiliated Steamworks clubs. Those services
had been rendered by Great Works, but due to inconsistent ownership interests among
the five affiliated clubs, the parties determined that it was more appropriate to create a
separate entity to handle those services for all five of the clubs. The LLC thereafter
rendered services to all five of the clubs without markup - it was not structured to nor did
it generate positive net income.
As detailed in the cross-complaints filed against Moore in this action and in consolidated
Case No. CGC-18-564825, as a result of misconduct by Moore as an employee and
director of Great Works and Unicorn Club, his employment with both entities was
terminated in February 2018. Moore’s misconduct further affected the LLC’s ability to
operate because of his mistreatment of employees, termination of its office lease and
other deadlocked management issues. All five of the clubs the LLC serviced
subsequently terminated their contractual relationships with it. Great Works, as it had
prior to the formation of the LLC, thereafter re-engaged and began providing the
administrative and management services to the other four clubs without markup or profit
thereon.
In response to his termination, Moore sued Great Works and Unicorn Club for dubious
vacation pay claims (consolidated Case No. CGC-18-564825), sued Stokes to partition
his home and commenced this action improperly through the now defrocked LLC.
Great Works and Unicorn Club have each filed cross-complaints against Moore (in
consolidated Case No. CGC-18-564825) to remove him as a director and for damages
arising out of his misconduct. Those claims were unsuccessfully challenged by Moore
through an anti-SLAPP motion.
Stokes and Hickey have each filed cross-complaints against Moore and his fiancé
Dominic Paramore in this action for torts arising out of their misconduct, which include
claims for (1) breach of Moore’s fiduciary duties; (2) an accounting of wrongfully
procured funds by Moore from the LLC; (3) invasion of privacy – intrusion into private
affairs; (4) invasion of privacy – wrongful use of name or likeness; and (5) violation of
Penal Code 528.5 for false impersonation through electronic means. Stokes and
Hickey seek monetary and injunctive relief against Moore and Paramore.
The parties, claims, facts and evidence relating to this action and Case No. CGC-18-
564825 are substantially the same. The cases should be consolidated. Great Works
filed a Motion to Consolidate. However, the April 17, 2019 hearing to consolidate this
matter and Case No. CGC-18-564825 was removed from calendar and the action has
been stayed by order of the Court on April 4, 2019. We request the stay remain in place
for another 90 days to allow the parties to continue their settlement efforts, which have
been compromised by the COVID-19 pandemic and its impact on the businesses an
properties that are the subject of settlement.
13a. Additional Cases
Ross Moore v. Earl G. Stokes Case No. CGC-18-564351. Partition action case was
settled.
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jamie C. Couche 252001 Anderson Poole & Couche, P.C. 150 Post Street, Suite 742 San Francisco, CA 94108 ELECTRONICALLY TELEPHONE NO.: 415-956-6413 FAX NO.(Optional): 415-956-6416 E-MAIL ADDRESS (Optional): jcouche@adplaw.com FILED Superior Court of California, Defendant Great Works, Inc. ATTORNEY FOR (Name): County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: 400 McAllister Street 09/14/2021 MAILING ADDRESS: Clerk of the Court BY: VERA MU CITY AND ZIP CODE: San Francisco, CA 94102 Deputy Clerk BRANCH NAME: PLAINTIFF/PETITIONER: Ross H. Moore, suing derivatively on behalf of Steamworks Management, LLC DEFENDANT/RESPONDENT: Great Works, Inc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): X UNLIMITED CASE LIMITED CASE CGC-18-568669 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 09/29/2021 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): X Notice of Intent to Appear by Telephone, by (name): Jamie C. Couche INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. X This statement is submitted by party (name): Defendant Great Works, Inc. b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 8/3/2018 b. X The cross-complaint, if any, was filed on (date): 9/25/2018 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. X The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) X have been served but have not appeared and have not been dismissed (specify names): Dominic Paramore (sub-served) (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 the date by which they may be served): 4. Description of case a. Type of case in complaint X cross-complaint (Describe, including causes of action): See attachment 4(a) Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER:Ross H. Moore CASE NUMBER: CGC-18-568669 DEFENDANT/RESPONDENT: Great works, 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) See attachment 4(b) X (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 X a jury trial a nonjury 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. X 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): Stayed pending settlement discussions c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): November 1-5, 2021 (Trial); November 18-27, 2021 (Vacation) December 1-10, 2021 (Trial); February 2-11, 2022 (Vacation) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. X days (specify number): 10 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial X by the attorney or party listed in the caption by the following: a. Attorney: 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 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 X has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of 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) X 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): (b)(8) CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER:Ross H. Moore CASE NUMBER: CGC-18-568669 DEFENDANT/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' ADR processes (check all that apply): stipulation): X Mediation session not yet scheduled (1) Mediation X Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): X Settlement conference not yet scheduled (2) Settlement X Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): X Neutral evaluation not yet scheduled (3) Neutral evaluation X Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial 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 Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: Ross H. Moore CASE NUMBER: CGC-18-568669 DEFENDANT/RESPONDENT: Great Works, Inc., et al. 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 X Other (specify): On April 4, 2019, the Court entered a stay in Status: the proceedings to allow the parties to negotiate a global resolution. 13. Related cases, consolidation, and coordination a. X There are companion, underlying, or related cases. (1) Name of case: Moore v. Unicorn Club, LTD. (2) Name of court: San Francisco Superior Court (3) Case number: CGC-18-564825 Consolidated with Case No. CGC-18-564826 (4) Status: Active X Additional cases are described in Attachment 13a. b. X A motion to X consolidate coordinate will be filed by (name party): Great Works, Inc. (CGC-18-564825) 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. 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 Please see #12, above. c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Ross H. Moore CASE NUMBER: CGC-18-568669 DEFENDANT/RESPONDENT: Great Works, Inc. et al. 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues X The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties request that the case management conference be continued for 90 days. 19. Meet and confer a. X 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): 2 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: 09/13/2021 Jamie C. Couche /s/ Jamie C. Couche (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 ATTACHMENT TO DEFENDANT GREAT WORKS, INC.’S CMC STATEMENT: 4 a/b. Substitute plaintiff Ross Moore (“Moore”) derivatively seeks monetary and injunctive relief on behalf of defrocked plaintiff Steamworks Management LLC (the “LLC”) and against Defendants Great Works, Inc. (“Great Works”), Rick Stokes (“Stokes”) and Laurence Hickey (“Hickey”). This is one of four lawsuits Moore commenced against Stokes and Great Works in 2018. Moore and Stokes are co-equal members and managers of the LLC. They are also each 25% owners of Great Works and owners of the other affiliated Steamworks clubs. The derivative claims raised by Moore are identical to those originally raised by the LLC and include: (1) claims against all three defendants for (a) interference with prospective business advantage with the affiliated Steamworks clubs, including Unicorn Club, Ltd., Steamworks Seattle, Steamworks Toronto and Steamworks Vancouver, (b) conversion and (c) unfair competition; (2) claims against Stokes and Hickey for breach of fiduciary duties; and (3) claims against Hickey for breach of the duty of loyalty. Moore, through the LLC, seeks $1,784,000 in damages against all three of the defendants – his damages are speculative. The LLC was originally formed by Moore and Stokes to perform administrative and management services for each of the five affiliated Steamworks clubs. Those services had been rendered by Great Works, but due to inconsistent ownership interests among the five affiliated clubs, the parties determined that it was more appropriate to create a separate entity to handle those services for all five of the clubs. The LLC thereafter rendered services to all five of the clubs without markup - it was not structured to nor did it generate positive net income. As detailed in the cross-complaints filed against Moore in this action and in consolidated Case No. CGC-18-564825, as a result of misconduct by Moore as an employee and director of Great Works and Unicorn Club, his employment with both entities was terminated in February 2018. Moore’s misconduct further affected the LLC’s ability to operate because of his mistreatment of employees, termination of its office lease and other deadlocked management issues. All five of the clubs the LLC serviced subsequently terminated their contractual relationships with it. Great Works, as it had prior to the formation of the LLC, thereafter re-engaged and began providing the administrative and management services to the other four clubs without markup or profit thereon. In response to his termination, Moore sued Great Works and Unicorn Club for dubious vacation pay claims (consolidated Case No. CGC-18-564825), sued Stokes to partition his home and commenced this action improperly through the now defrocked LLC. Great Works and Unicorn Club have each filed cross-complaints against Moore (in consolidated Case No. CGC-18-564825) to remove him as a director and for damages arising out of his misconduct. Those claims were unsuccessfully challenged by Moore through an anti-SLAPP motion. Stokes and Hickey have each filed cross-complaints against Moore and his fiancé Dominic Paramore in this action for torts arising out of their misconduct, which include claims for (1) breach of Moore’s fiduciary duties; (2) an accounting of wrongfully procured funds by Moore from the LLC; (3) invasion of privacy – intrusion into private affairs; (4) invasion of privacy – wrongful use of name or likeness; and (5) violation of Penal Code 528.5 for false impersonation through electronic means. Stokes and Hickey seek monetary and injunctive relief against Moore and Paramore. The parties, claims, facts and evidence relating to this action and Case No. CGC-18- 564825 are substantially the same. The cases should be consolidated. Great Works filed a Motion to Consolidate. However, the April 17, 2019 hearing to consolidate this matter and Case No. CGC-18-564825 was removed from calendar and the action has been stayed by order of the Court on April 4, 2019. We request the stay remain in place for another 90 days to allow the parties to continue their settlement efforts, which have been compromised by the COVID-19 pandemic and its impact on the businesses an properties that are the subject of settlement. 13a. Additional Cases Ross Moore v. Earl G. Stokes Case No. CGC-18-564351. Partition action case was settled.