Proof of Service: WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL

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                                CM-110

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
SPENCER Y. KOOK (SBN 205304); TRAVIS WALL (SBN 191662)
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor, San Francisco, CA 94111

TELEPHONE no: 415-362-6000 FAX NO. Ontonan: 415-834-9070 ELECTRONICALLY
E-MAIL ADDRESS (Optioney: twall@mail.hinshawlaw.com FILED
ATTORNEY FOR (Nemo): Defendants Applied Underwriters, Inc., et al. Superior a a oon
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Franc!
sree aooress: 400 McAlister Street 12/23/2016
J Clerk of the Court
main appress: 400 McAllister Street BY:MARIA OLOPERNES-PI
cry axD zp coDe: San Francisco, CA 94102 Deputy Clerk
BRANCH NAME:

PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al.
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al.

CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one: [4] UNLIMITED CASE C1 cimirep case CGC-16-551614
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) orless)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 11, 2017 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):

[_] Notice of intent to Appear by Telephone, by (name):

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):

a. LY] This statement is submitted by party (name): Applied Defendants - See Attached List
b. [£7] This statement is submitted jointly by parties (names):

2. Complaint and cross-complaint (to be answered by plaintifis and cross-complainants only)
a, The compiaint was filed on (date):
b. [7] The cross-complaint, if any, was filed on (date):

3. Service (to be answered by plaintiffs and cross-complainants only}
a Co] at parties named in the complaint and cross-compiaint have been served, have appeared, or have been dismissed.
b, [[] The following parties named in the complaint or cross-complaint
(1) (1 have not been served (specify names and explain why not):

(2) [221 have been served but have not appeared and have not been dismissed (specify names):

(3) [1 have had a default entered against them (specify names):

c. [2] 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. Typeofcasein [2] complaint [_] cross-complaint (Desoribe, including causes of action):

Breach of Contract; Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing; Negligent
Misrepresentation; Rescission; Conversion; Unfair Business Practices; and Declaratory Relief

Page tof 5
Feticam Cowes! Calton CASE MANAGEMENT STATEMENT (ak Raden cf Cat,
CM-110 (Rov. duly 1, 2011], des 3720-3,CM-110

PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. eeean taeds

rr 16-5:

DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC.., et al.

4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount}, estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. if equitable relief is sought, describe the nature of the relief.)

Plaintiffs run hotels and restaurants in multiple states. The vast majority of their employees are in other states.

Plaintiffs allege wrongdoing related to a loss sensitive workers’ compensation program, contending that they were

misled about how it would function. Defendants moved to stay this case based on a mandatory venue provision.

The court granted that motion in part and denied it in part. Defendants filed a writ, which is still pending,

(if more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request [—_] ajurytrial [7] anonjurytrial. {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. (J No triat 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):
Defendants filed a writ challenging the partial denial of their venue motion. That writ is still pending.
c. Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailability):

7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a CJ days (specify number):
b. [£7] hours (short causes) (specify):

8. Trial representation (fo be answered for each party)
The party or parties will be represented at trial [[_] by the attomey 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
[£2] 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 C2) has [2] 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 (J has [52] 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) [C2] 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):

TO Rr at CASE MANAGEMENT STATEMENT RaniaCM-110
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. [°° NOMSER
EFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC. et al. CGC-16-651614
410. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):

‘The party or parties completing | 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):
(1) Mediation

(2) Settlement
conference

Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):

Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):

Settlement conference completed on (date):

Neutral evaiuation not yet scheduled

(@) Neutral evatuatio Neutral evaluation scheduled for (date):
leutral evaluation

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):
wrbirelion Agreed to complete judicial arbitration by (date):

Judicial arbitration completed on (date):

Private arbitration not yet scheduled

(8) Binding private Private arbitration scheduled for (date):
— Agreed to complete private arbitration by (date):

Private arbitration completed on (date):

ADR session not yet scheduled

ADR session scheduled for (date):

Agreed to complete ADR session by (date):
[J] ADR completed on (date):

(6) Other (specify):

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CM-190 [Rev. July 1, 2017) Page Sof §

CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. buen é
DEFENDANTRESPONDENT: APPLIED UNDERWRITERS, INC., et al. 1G:S51614
11. Insurance

a. [J Insurance carrer, 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.

[J Bankruptcy [7] other (specify): Mandatory venue provision requiring the suit to be brought in Nebraska.
Status: Defendants’ motion to stay based on inconvenient forum was denied in part.

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:
(J Aaditional cases are described in Attachment 13a.

b. [J Amotionto [J consolidate [7] 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

(2 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. [1] The following discovery will be completed by the date specified (describe aif anticipated discovery):

Party Description Date

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 4of §CM-110

PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. | #S& SUMBER:
DEFENDANTIRESPONDENT: APPLIED UNDERWRITERS, INC., et al. CGC-16-551614

17. Economic litigation

a, [_] This is a limited civil case (.2., 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

¥ | The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The case is not at issue. Defendants filed a writ challenging the partial denial of their venue motion. Their time
to respond to the complaint is extended until after the court of appeal takes action on that writ, which is still
pending.

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):

The parties dispute whether the case should be venued in this court.

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): |

lam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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: December 23, 2016

Travis Wall > PR Oreck’
(TYPE OR PRINT NAME)

{SIGNATURE OF PARTY OR ATTORNEY)

w

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

[ Additional signatures are attached.

CM-110 (Rov. duly 1, 2011] CASE MANAGEMENT STATEMENT Page § of §Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et al.
San Francisco Superior Court Case No. CGC-16-551614
DEFENDANTS

Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc.,
California Insurance Company, Continental Indemnity Company and Applied Risk Services, Inc.

362316261 0986383