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“ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numbor, and address): ] FOR COURT USE ONLY
|
Laralei S. Paras, State Bar No. 203319
[THE CHANLER GROUP.
2560 Ninth Street, Suite 214, Berkeley, CA 94710
ELECTRONICALLY
Tevertione no.:510-848-8880 FAX NO. (Optionaii’5 1 0-848-81 18 FILED
E-MAIL ADDRESS (Options):|aralei@chanler.com Supbher cour er carrera
| ATTORNEY FOR (Name):Plaintiff, Anthony E. Held, Ph.D., P.E. County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess:400 McAllister Street 11/19/2018
| MAILING ADDRESS: BY:NEYL WEBB
ciry AND ziP CODE: San Francisco, 94102 eee
BRANCH NAME: Unlimited Civil
| PLAINTIFF/PETITIONER: Anthony E. Held, Ph.D., P.E.
DEFENDANT/RESPONDENT: Tractor Supply Company, et al.
CM-110
CASE MANAGEMENT STATEMENT | ‘CASE NUMBER:
(Check one): (4) UNLIMITED CASE CJ uimitep case | CGC-18-566691
| (Amount demanded (Amount demanded is $25,000 |
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 5, 2018 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
[J Notice of Intent to Appear by Telephone, by (name): Laralei S. Paras for Plaintiff
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [7] This statement is submitted by party (name): Plaintiff, Anthony £. Held, Ph.D., P.E.
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): May 21, 2018
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. 1 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) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
CG. 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 ofcase in [7] complaint cross-complaint (Describe, including causes of action):
Complaint alleges violations of Health & Safety Code § 25249.6, et seq. (Prop. 65 warning requirements).
Page tolS
Form Adopted for Mandatory Use ~~ CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720-3.730,
‘CM-110 (Rev. duly 1, 2014] swine courts.ca.govPLAINTIFF/PETITIONER: Anthony E. Held, Ph.D., P.E. | CASE NUMBER:
-18- 1
| DEFENDANT/RESPONDENT: Tractor Supply Company, et al. | eee rere
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.)
Plaintiff alleges defendants sold products that contain the Prop. 65-listed chemical lead w/o providing a warning in
violation of H&S Code § 25249.6. Complaint seeks statutory penalties of up to $2,500 per day, per violation,
injunctive relief (an order prohibiting further unwarned sales in California), and attorneys’ fees pursuant to CCP §
1021.5. Case is settled. Plaintiff respectfully requests the CMC be vacated.
(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 a jury tral 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. 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. 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. days (specify number):
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial 4 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 [21 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 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) 1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CRC 3.811(b)(1) prayer seeks injunctive relief
‘CW-110[Rev. July 4, 2047] CASE MANAGEMENT STATEMENT ~~ Pagezofs[- PLAINTIFF/PETITIONER: Anthony E. Held, Ph.D., P.E.
PEFENDANTIRESPONDENT: Tractor Supply Company, et al.
CM-110
[CASE NUMBER:
CGC-18-566691 |
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
this form are willing to
participate in the following ADR
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
(2) Settlement
conference
processes (check ail that apply): | stipulation):
CI Mediation session not yet scheduled
(1) Mediation ol [1] Mediation session scheduled for (date):
[1 Agreed to complete mediation by (date):
[C] Mediation completed on (date):
Soest nnn
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
(3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(5) Binding private
arbitration
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify):
QOOUO;}O000) 0000/0000 |0000
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
GML110 (Rev. July 1, 2017]
Page 3 of 5
CASE MANAGEMENT STATEMENTPLAINTIFFIPETITIONER: Anthony E. Held, Ph.D., P.E. CASE NUMBER:
FT CGC-18-566691
DEFENDANT/RESPONDENT: Tractor Supply Com
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:
Additional cases are described in Attachment 13a.
b. A motion to 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):
4
a
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. 1 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
IS
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
R10 Row. ly 1, 2044 HEE CASE MANAGEMENT STATEMENT ot PeoesetsSie CM-110
PLAINTIFF/PETITIONER: Anthony E. Held, Ph.D., P.E. | CASE NUMBER: i
| CGC-18-566691 |
EFENDANTIRESPONDENT; Tractor Supply Company, 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
(1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The parties have settled and this case is resolved by judgment. Plaintiff respectfully requests that the Court
vacate the case management conference.
19. Meet and confer
a. [¥7] 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 9, 2018
Laralei S. Paras >
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
OM H0 Rev. Jy 4, 2041 CASE MANAGEMENT STATEMENT Page SotsPROOF OF SERVICE
1am over 18 years of age and not a party to this action. | am employed in the county where
the mailing took place. My business address is 2560 Ninth Street, Parker Plaza, Suite 214,
Berkeley, California 94710-2565.
On November 9, 2018, I caused to be served the following document(s), described as,
CASE MANAGEMENT STATEMENT
on each interested party as follows:
Jay W. Connolly, Partner
Seyfarth Shaw LLP
560 Mission Street, Suite 3100
San Francisco, CA 94105
Attorneys for Tractor Supply Company
XXXXX (BY MAIL) _ I placed a true and correct copy of the foregoing document(s) in a sealed
envelope addressed to each interested party as set forth above. I placed each such envelope, with
postage thereon fully prepaid, for collection and mailing at The Chanler Group, located in Berkeley,
California. I am readily familiar with The Chanler Group’s practice for collection and processing of
documents for mailing with the United States Postal Service. Under that practice, the documents
are deposited with the United States Postal Service on the same day in the ordinary course of
business.
Executed this 9" day of November 2018, at Berkeley, California. [ declare under the
penalty of perjury under the laws of the State of California that t orate is oe correct.
PROOF OF SERVICE,
Preview
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numbor, and address): ] FOR COURT USE ONLY | Laralei S. Paras, State Bar No. 203319 [THE CHANLER GROUP. 2560 Ninth Street, Suite 214, Berkeley, CA 94710 ELECTRONICALLY Tevertione no.:510-848-8880 FAX NO. (Optionaii’5 1 0-848-81 18 FILED E-MAIL ADDRESS (Options):|aralei@chanler.com Supbher cour er carrera | ATTORNEY FOR (Name):Plaintiff, Anthony E. Held, Ph.D., P.E. County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess:400 McAllister Street 11/19/2018 | MAILING ADDRESS: BY:NEYL WEBB ciry AND ziP CODE: San Francisco, 94102 eee BRANCH NAME: Unlimited Civil | PLAINTIFF/PETITIONER: Anthony E. Held, Ph.D., P.E. DEFENDANT/RESPONDENT: Tractor Supply Company, et al. CM-110 CASE MANAGEMENT STATEMENT | ‘CASE NUMBER: (Check one): (4) UNLIMITED CASE CJ uimitep case | CGC-18-566691 | (Amount demanded (Amount demanded is $25,000 | exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 5, 2018 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): [J Notice of Intent to Appear by Telephone, by (name): Laralei S. Paras for Plaintiff INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [7] This statement is submitted by party (name): Plaintiff, Anthony £. Held, Ph.D., P.E. 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): May 21, 2018 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 1 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) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): CG. 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 ofcase in [7] complaint cross-complaint (Describe, including causes of action): Complaint alleges violations of Health & Safety Code § 25249.6, et seq. (Prop. 65 warning requirements). Page tolS Form Adopted for Mandatory Use ~~ CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730, ‘CM-110 (Rev. duly 1, 2014] swine courts.ca.govPLAINTIFF/PETITIONER: Anthony E. Held, Ph.D., P.E. | CASE NUMBER: -18- 1 | DEFENDANT/RESPONDENT: Tractor Supply Company, et al. | eee rere 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.) Plaintiff alleges defendants sold products that contain the Prop. 65-listed chemical lead w/o providing a warning in violation of H&S Code § 25249.6. Complaint seeks statutory penalties of up to $2,500 per day, per violation, injunctive relief (an order prohibiting further unwarned sales in California), and attorneys’ fees pursuant to CCP § 1021.5. Case is settled. Plaintiff respectfully requests the CMC be vacated. (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 a jury tral 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. 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. 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. days (specify number): b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial 4 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 [21 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 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) 1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CRC 3.811(b)(1) prayer seeks injunctive relief ‘CW-110[Rev. July 4, 2047] CASE MANAGEMENT STATEMENT ~~ Pagezofs[- PLAINTIFF/PETITIONER: Anthony E. Held, Ph.D., P.E. PEFENDANTIRESPONDENT: Tractor Supply Company, et al. CM-110 [CASE NUMBER: CGC-18-566691 | 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 this form are willing to participate in the following ADR If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR (2) Settlement conference processes (check ail that apply): | stipulation): CI Mediation session not yet scheduled (1) Mediation ol [1] Mediation session scheduled for (date): [1 Agreed to complete mediation by (date): [C] Mediation completed on (date): Soest nnn Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): QOOUO;}O000) 0000/0000 |0000 ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): GML110 (Rev. July 1, 2017] Page 3 of 5 CASE MANAGEMENT STATEMENTPLAINTIFFIPETITIONER: Anthony E. Held, Ph.D., P.E. CASE NUMBER: FT CGC-18-566691 DEFENDANT/RESPONDENT: Tractor Supply Com 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: Additional cases are described in Attachment 13a. b. A motion to 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): 4 a 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. 1 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 IS c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): R10 Row. ly 1, 2044 HEE CASE MANAGEMENT STATEMENT ot PeoesetsSie CM-110 PLAINTIFF/PETITIONER: Anthony E. Held, Ph.D., P.E. | CASE NUMBER: i | CGC-18-566691 | EFENDANTIRESPONDENT; Tractor Supply Company, 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 (1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have settled and this case is resolved by judgment. Plaintiff respectfully requests that the Court vacate the case management conference. 19. Meet and confer a. [¥7] 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 9, 2018 Laralei S. Paras > (TYPE OR PRINT NAME) (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. OM H0 Rev. Jy 4, 2041 CASE MANAGEMENT STATEMENT Page SotsPROOF OF SERVICE 1am over 18 years of age and not a party to this action. | am employed in the county where the mailing took place. My business address is 2560 Ninth Street, Parker Plaza, Suite 214, Berkeley, California 94710-2565. On November 9, 2018, I caused to be served the following document(s), described as, CASE MANAGEMENT STATEMENT on each interested party as follows: Jay W. Connolly, Partner Seyfarth Shaw LLP 560 Mission Street, Suite 3100 San Francisco, CA 94105 Attorneys for Tractor Supply Company XXXXX (BY MAIL) _ I placed a true and correct copy of the foregoing document(s) in a sealed envelope addressed to each interested party as set forth above. I placed each such envelope, with postage thereon fully prepaid, for collection and mailing at The Chanler Group, located in Berkeley, California. I am readily familiar with The Chanler Group’s practice for collection and processing of documents for mailing with the United States Postal Service. Under that practice, the documents are deposited with the United States Postal Service on the same day in the ordinary course of business. Executed this 9" day of November 2018, at Berkeley, California. [ declare under the penalty of perjury under the laws of the State of California that t orate is oe correct. PROOF OF SERVICE,