Preview
CM-110
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Siate Bar number, and address)
Christopher Tuttle, State Bar No. 264545
THE CHANLER GROUP
2560 Ninth Street, Parker Plaza, Suite 214, Berkeley, CA 94710.
TELEPHONE No.: (610) 848-8880 FAX NO. (Optra): (510) 848-8118,
E-MAIL ADDRESS (Optionai): Ctuttle@chanler.com
ATTORNEY FoR (Name): Plaintiff, Laurence Vinocur
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess: 400 McAllister Street
MAILING ADDRESS:
cry an aip cove: San Francisco 94102
FOR GOURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of Catifornia,
County of San Francisco
02/16/2018
Clerk of the Court
BY:MARIA OLOPERNES
Deputy Clerk
BRANCH NAME: San Franciso Superior Court
PLAINTIFF/PETITIONER: Laurence Vinocur
DEFENDANT/RESPONDENT: Rustico LLC
- CASE MANAGEMENT STATEMENT : CASE NUMBER.
(Check one): (2) UNLIMITED CASE [I umirep case CGC-17-560768
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
/A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 14, 2018 Time: 10:30 a.m. Dept.: Div.: Room: 610
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Christopher Tuttle
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [2] This statement is submitted by party (name): Plaintiff, Laurence Vinocur
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): August 16, 2017
b. E] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a TZ ai 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) [21 have not been served (specify names and explain why not).
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) (2) have had a default entered against them (specify names):
c. [J] 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 [¥] complaint cross-complaint (Describe, including causes of action)
Complaint alleges violations of Health & Safety Code § 25249.6, et seq. (Prop. 65 warning requirements). The
parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18.
Page 1of5
eat eect panones | CASE MANAGEMENT STATEMENT Cal Rules of out
(cM140 fRev. July 1, 2011] worw courts ca govPLAINTIFF/PETITIONER: Laurence Vinocur CASE NUMBER"
7 CGC-17-560768
DEFENDANT/RESPONDENT: Rustico LLC
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 fost earings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges defendants sold products that contain the Prop. 65-listed chemical DEHP w/o providing a warning
in violation of H&S Code § 25249.6.. The parties have settled this matter, and Plaintiff will file a Motion to
Approve Settlement proir
[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
requesting a jury trial):
a jury trial (“Te nonjury trial. (if more than one party, provide the name of each party
6. Trial date
a. ££] The trial has been set for (date):
b. [71 No tral 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):
The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18.
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 (cheak one):
a. (2) days (specify number):
b. [£7] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [[_] by the attorney or party listed in the caption [7] by the following:
Attorney:
Firm:
Address:
Telephone number: Fax number:
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)
@. 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 [7] has [—] hasnot provided the ADR information package identified
in rule-3.221 to the client and reviewed ADR options with the client.
Paes
(2) For self-represented parties: Party L—] has [7] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [2] 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) [C2] 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) [221 This case is exempt from judicial arbitration under rule 3.611 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
ta et
CO TRE 1 OAT CASE MANAGEMENT STATEMENT Pager oFsCM-110
PLAINTIFF/PETITIONER: Laurence Vinocur
DEFENDANT/RESPONDENT: Rustico LLC
[CASE NUMBER:
CGC-17-560768
10. c. Indicate the ADR process or processes that the party
The party or parties completing
this form are willing to
participate in the following ADR
processes (check afi that apply):
(4) Mediation
have already participated in (check all that apply and provide the specified information):
or parties are willing to participate in, have agreed to participate in, or
{f 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
stipulation).
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date)
(2) Settlement Cl
conference
(3) Neutral evaluation Co
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date).
Settlement conference completed on (date):
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 co
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date)
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(8) Binding private co
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): Co
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
OOOO;0000;)0000;)0000;0000;0000
ADR completed on (dafe):
‘ENET10 TRev. July 1, 2017]
Bage 3 of 5| Et
| PLAINTIFFPETITIONER: Laurence Vinocur CASE NUMGER
7 CGC-17-560768
| DereN DANT/RESPONDENT: Rustico LLC CA
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.
[2] 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).
15. Other motions
[7 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues)
The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18.
Plaintiff requests that this CMC be vacated, or continued tot he date of the Motion to Approve hearing.
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 Descriotion Date
c. [C7] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Gato Re 1.2917) CASE MANAGEMENT STATEMENT c Pee dotsCM-110
PLAINTIFF/PETITIONER: | Laurence Vinocur CASE NUMBER,
D CGC-17-860768
DEFENDANT/RESPONDENT: —_ Rustico LLC
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 panty or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18,
Plaintiff requests that this CMC be vacated, or continued to the date of the Motion to Approve hearing.
19. Meet and confer
a. L¥_] 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)
The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18.
Plaintiff requests that this CMC be vacated, or continued to the date of the Motion to Approve hearing.
b. After meeting and conferring as required by rule 3.724 of the Califomia 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: February 16, 2018 \\
\A\
Chris Tuttle -
CTYPE OR PRINT NAME)
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached,
(0 {Rev duly 4, 2011]
“CASE MANAGEMENT STATEMENT aoe page tsPROOF OF SERVICE
Lam over 18 years of age and not a party to this action. Iam 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 February 16, 2018, I caused to be served the following document(s), described as,
CASE MANAGEMENT STATEMENT
on each interested party as follows:
Brian M. Rothschild
PARSONS BEHLE & LATIMER
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Attorneys for Rustico LLC
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. | 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 16th day of February 2018, at Berkeley, California. I declare under the
penalty of perjury under the laws of the State of California that the foregoing is true and correct.
PROOF OFSERVICE
Preview
CM-110 “ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Siate Bar number, and address) Christopher Tuttle, State Bar No. 264545 THE CHANLER GROUP 2560 Ninth Street, Parker Plaza, Suite 214, Berkeley, CA 94710. TELEPHONE No.: (610) 848-8880 FAX NO. (Optra): (510) 848-8118, E-MAIL ADDRESS (Optionai): Ctuttle@chanler.com ATTORNEY FoR (Name): Plaintiff, Laurence Vinocur SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess: 400 McAllister Street MAILING ADDRESS: cry an aip cove: San Francisco 94102 FOR GOURT USE ONLY ELECTRONICALLY FILED Superior Court of Catifornia, County of San Francisco 02/16/2018 Clerk of the Court BY:MARIA OLOPERNES Deputy Clerk BRANCH NAME: San Franciso Superior Court PLAINTIFF/PETITIONER: Laurence Vinocur DEFENDANT/RESPONDENT: Rustico LLC - CASE MANAGEMENT STATEMENT : CASE NUMBER. (Check one): (2) UNLIMITED CASE [I umirep case CGC-17-560768 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) /A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 14, 2018 Time: 10:30 a.m. Dept.: Div.: Room: 610 Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Christopher Tuttle INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [2] This statement is submitted by party (name): Plaintiff, Laurence Vinocur 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): August 16, 2017 b. E] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a TZ ai 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) [21 have not been served (specify names and explain why not). (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) (2) have had a default entered against them (specify names): c. [J] 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 [¥] complaint cross-complaint (Describe, including causes of action) Complaint alleges violations of Health & Safety Code § 25249.6, et seq. (Prop. 65 warning requirements). The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18. Page 1of5 eat eect panones | CASE MANAGEMENT STATEMENT Cal Rules of out (cM140 fRev. July 1, 2011] worw courts ca govPLAINTIFF/PETITIONER: Laurence Vinocur CASE NUMBER" 7 CGC-17-560768 DEFENDANT/RESPONDENT: Rustico LLC 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 fost earings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges defendants sold products that contain the Prop. 65-listed chemical DEHP w/o providing a warning in violation of H&S Code § 25249.6.. The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement proir [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 requesting a jury trial): a jury trial (“Te nonjury trial. (if more than one party, provide the name of each party 6. Trial date a. ££] The trial has been set for (date): b. [71 No tral 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): The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18. 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 (cheak one): a. (2) days (specify number): b. [£7] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [[_] by the attorney or party listed in the caption [7] by the following: Attorney: Firm: Address: Telephone number: Fax number: 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) @. 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 [7] has [—] hasnot provided the ADR information package identified in rule-3.221 to the client and reviewed ADR options with the client. Paes (2) For self-represented parties: Party L—] has [7] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [2] 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) [C2] 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) [221 This case is exempt from judicial arbitration under rule 3.611 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 ta et CO TRE 1 OAT CASE MANAGEMENT STATEMENT Pager oFsCM-110 PLAINTIFF/PETITIONER: Laurence Vinocur DEFENDANT/RESPONDENT: Rustico LLC [CASE NUMBER: CGC-17-560768 10. c. Indicate the ADR process or processes that the party The party or parties completing this form are willing to participate in the following ADR processes (check afi that apply): (4) Mediation have already participated in (check all that apply and provide the specified information): or parties are willing to participate in, have agreed to participate in, or {f 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 stipulation). Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date) (2) Settlement Cl conference (3) Neutral evaluation Co Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date). Settlement conference completed on (date): 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 co arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date) Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (8) Binding private co 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): Co ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): OOOO;0000;)0000;)0000;0000;0000 ADR completed on (dafe): ‘ENET10 TRev. July 1, 2017] Bage 3 of 5| Et | PLAINTIFFPETITIONER: Laurence Vinocur CASE NUMGER 7 CGC-17-560768 | DereN DANT/RESPONDENT: Rustico LLC CA 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. [2] 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). 15. Other motions [7 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18. Plaintiff requests that this CMC be vacated, or continued tot he date of the Motion to Approve hearing. 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 Descriotion Date c. [C7] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Gato Re 1.2917) CASE MANAGEMENT STATEMENT c Pee dotsCM-110 PLAINTIFF/PETITIONER: | Laurence Vinocur CASE NUMBER, D CGC-17-860768 DEFENDANT/RESPONDENT: —_ Rustico LLC 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 panty or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18, Plaintiff requests that this CMC be vacated, or continued to the date of the Motion to Approve hearing. 19. Meet and confer a. L¥_] 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) The parties have settled this matter, and Plaintiff will file a Motion to Approve Settlement prior to 3/14/18. Plaintiff requests that this CMC be vacated, or continued to the date of the Motion to Approve hearing. b. After meeting and conferring as required by rule 3.724 of the Califomia 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: February 16, 2018 \\ \A\ Chris Tuttle - CTYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached, (0 {Rev duly 4, 2011] “CASE MANAGEMENT STATEMENT aoe page tsPROOF OF SERVICE Lam over 18 years of age and not a party to this action. Iam 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 February 16, 2018, I caused to be served the following document(s), described as, CASE MANAGEMENT STATEMENT on each interested party as follows: Brian M. Rothschild PARSONS BEHLE & LATIMER 201 South Main Street, Suite 1800 Salt Lake City, UT 84111 Attorneys for Rustico LLC 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. | 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 16th day of February 2018, at Berkeley, California. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. PROOF OFSERVICE