Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adaress):
Nicholas P. Roxborough (SBN 113540) Joseph C. Gjonola (SBN241955)
ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP
5820 Canoga Avenue, Suite 250, Woodland Hills, CA 91367
TELEPHONE NO: (818) 992-9999 FAX NO (Optional): (818) 992-9991
E-MAIL ADDRESS (Optional: npr@rpnalaw.com; jcg@rpnalaw.com
ATTORNEY FOR (Name): Plaintiffs.
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aporess: 400 McAllister Street
MAILING ADDRESS
CITY AND ZIP CODE: San Francisco, CA 94102
BRANCH NAME:
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC.
FOR COURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of Cafifomia,
County of San Francisco
09/07/2016
Clerk of the Court
BY:DAVID YUEN
Deputy Clerk
CASE MANAGEMENT STATEMENT
UNLIMITED CASE LIMITED CASE
(Amount demanded
exceeds $25,000)
(Check one): v
or less)
(Amount demanded is $25,000
‘CASE NUMBER:
CGC-16-551614
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 9, 2016 Time: 10:30 a.m. Dept: 610
Address of court (if different from the address above):
¥_] Notice of Intent to Appear by Telephone, by (name): Jaclyn D. Grossman
Div.
Room:
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Warwick Amusements Corporation, et al.
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): April 22, 2016
b. [J The cross-compiaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a
b CI
The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
2) Lo
(3) have had a default entered against them (specify names):
¥] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
have been served but have not appeared and have not been dismissed (specify names):
c 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 of case in Cv
complaint cross-complaint
(Describe, including causes of action):
Breach of Contract; Breach of the Good Faith & Fair Dealing; Fraud & Misrepresentation;Negligent
Misrepresentation; Professional Negligence; Rescission; Conversion; UCL-Bus & Prof 17200; Declaratory Relief
Paget of 6
Form Adopted for Mandatory Use
Judicial Council of Californie
“CM-110 [Rev July 4, 2044]
CASE MANAGEMENT STATEMENT
Cal. Rules of Court,
fules 3720-3 730
www. courts ca gov.CM-110
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION CASE NUNBER:
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC. CGC-16-551614
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.)
The Applied entities set improper premiums and reserves, imposed undisclosed fees and costs, inadequately
defended and mishandled claims, and misrepresented the terms and legality of its unlawful insurance contract.
Insurance broker, Willis of New York, negligently placed Warwick with the Applied entities under their unlawful
contract.
(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 ¥_} ajury 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. Y] 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):
TRIAL; 10/24/16; 11/14/16; 1/23-30/17; 3/27/17; 6/13-15/17; 7/25-8/21/17.. ARBITRATION: 1/9/17; 6/5-6/16/17.
VACATION: 12/27/16-1/6/17; 3/27-4/7/17; 8/28-9/15/17.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [4] days (specify number): 25-30
b. [1] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [Y] 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 v1 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
mmedlaion 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). 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):
Rule 3.811 and CCP Sec. 1775.5
WHO Rov. Jay 7, 2077 CASE MANAGEMENT STATEMENT Page 2018CM-110
[_ PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION erse None
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC. CBC-16-551614
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 ail 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):
Mediation session not yet scheduled
(ayn Mediation session scheduled for (date):
lediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral 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):
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration Agreed to complete private arbitration by (date).
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
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‘CH-110 (Rev. Juy 1, 2011) Page 3 of 6
CASE MANAGEMENT STATEMENTPLAINTIFFIPETITIONER: WARWICK AMUSEMENTS CORPORATION CASE NuMBER
DEFENDANTIRESPONDENT: APPLIED UNDERWRITERS, INC. Cet eee rcne
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 L 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. L]Amotionto [7] 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
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. [52] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Written Discovery September 2017
Depositions February 2018
Expert Discovery April 2018
©. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
GM10 Rev. duly 4, 2014] CASE MANAGEMENT STATEMENT Rept soreCM-110
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION cee
| DEFENDANT/RESPONDENT, APPLIED UNDERWRITERS, INC. cece ete
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
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
See Attachment 18.
19. Meet and confer
a 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 Applied defendants dispute that the case is properly 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): 1
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: September 7, 2016
JOSEPH C. GJONOLA
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (GIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
GMO FR. sy 1.2098 CASE MANAGEMENT STATEMENT Page 516Attachment 6(b), 16(c), and 18 to CMC Statement
The case will not be ready for trial in 12 months because the Applied Defendants handled
dozens of workers' compensation claim files for Warwick during the multiple year
workers’ compensation insurance agreements,
4
¢ Applied defendants have moved to transfer venue to Nebraska, which Warwick has
opposed, The hearing is scheduled for later this month in the law and motion department.
This case will require substantial discovery from the Applied entities and the insurance
broker Willis. Although Warwick has sent out its initial production requests, they have
yet to respond. The remaining discovery entailed in this action is extensive. First,
Warwick will seek the claim files to analyze Applied’s claims handling. Each of the
aimants will be given notice that their claim files are sought, which counsel has found
usually requires additional time to resolve multiple levels of objections. These claim files
will then be reviewed by both sides’ experts to evaluate claims mishandling issues. The
parties will have to exchange tens of thousands of pages of documents. In addition to the
claim files the parties will exchange underlying defense files, claim or best practices
manuals guiding Applied’s handling of plaintiffs’ claims, reports prepared as a result of
auditing the claim files, expert reports, etc. Warwick conservatively estimates that they
will need to take a minimum of 10 depositions of claims handlers, supervisors and
managers alone, including the broker.
2
This case also arises from the sale of a workers’ compensation insurance program to
Warwick that is expected to involve extensive expert examination, analysis, and
interpretation,
The trial is expected to last 25 to 30 days.PROOF OF SERVICE
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I am employed in the county of Los Angeles, State of California. [ am over the age of 18
and not a party to the within action. My business address is 5820 Canoga Avenue, Suite 250,
Woodland Hills, California 91367.
On September 7, 2016, I served the foregoing document described as CASE
MANAGEMENT STATEMENT on the interested party(ies) in this action by placing true
copies thereof enclosed in sealed envelopes addressed as follows:
See Attached Service List
[ BY U.S. MAIL: | am “readily familiar” with the firm’s practice of collection and
processing correspondence for mailing. Under that practice, it would be deposited with
the U.S. Postal Service on that same day with postage thereon fully prepaid at Woodland
Hills, California, in the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage meter date
is more than one day after date of deposit for mailing in affidavit.
STATE: I declare under penalty of perjury and under the laws of the State of California
that the foregoing is true and correct.
Executed on September 7, 2016, at Woodland Hills, California.
G coc
LY
af tlyn Brenninkmeijer
1
PROOF OF SERVICE —- CASE MANAGEMENT STATEMENTTravis Wall
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Spencer Y. Kook
HINSHAW & CULBERTSON LLP
633 West 5" Street, 47" Floor
Los Angeles, CA 90071-2043
Jodi S, Cohen
KEESAL, YOUNG & LOGAN
400 Oceangate
Long Beach, CA 90801
Larry Lichtenegger, Esq.
Attorney at Law
3850 Rio Road, #58
Carmel, CA 93923
SERVICE LIST
Attorneys for Defendants
APPLIED UNDERWRITERS, INC.;
APPLIED UNDERWRITERS CAPTIVE
RISK ASSURANCE COMPANY, INC.;
CALIFORNIA INSURANCE COMPANY;
CONTINENTAL INDEMNITY COMPANY;
APPLIED RISK SERVICES, INC.
Tel: (415) 743-3738 | (213) 680-2800
Fax: (415) 434-2533 | (213) 614-7399
E-Mail: twall@mail.hinshawlaw.com
skook@mail.hinshawlaw.com
Attorneys for Defendant
WILLIS OF NEW YORK, INC.
Tel: (562) 436-2000
Fax: (562) 436-7416
E-Mail: jodi.cohen@kyl.com
Attorneys for Plaintiffs
Tele: (831) 626-2801
Fax: (831) 886-1639
E-Mail: lawyer@mbay.net
PROOF OF SERVICE — CASE MANAGEMENT STATEMENT
Preview
CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adaress): Nicholas P. Roxborough (SBN 113540) Joseph C. Gjonola (SBN241955) ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP 5820 Canoga Avenue, Suite 250, Woodland Hills, CA 91367 TELEPHONE NO: (818) 992-9999 FAX NO (Optional): (818) 992-9991 E-MAIL ADDRESS (Optional: npr@rpnalaw.com; jcg@rpnalaw.com ATTORNEY FOR (Name): Plaintiffs. ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO street aporess: 400 McAllister Street MAILING ADDRESS CITY AND ZIP CODE: San Francisco, CA 94102 BRANCH NAME: PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC. FOR COURT USE ONLY ELECTRONICALLY FILED Superior Court of Cafifomia, County of San Francisco 09/07/2016 Clerk of the Court BY:DAVID YUEN Deputy Clerk CASE MANAGEMENT STATEMENT UNLIMITED CASE LIMITED CASE (Amount demanded exceeds $25,000) (Check one): v or less) (Amount demanded is $25,000 ‘CASE NUMBER: CGC-16-551614 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 9, 2016 Time: 10:30 a.m. Dept: 610 Address of court (if different from the address above): ¥_] Notice of Intent to Appear by Telephone, by (name): Jaclyn D. Grossman Div. Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Warwick Amusements Corporation, et al. 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): April 22, 2016 b. [J The cross-compiaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a b CI The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): 2) Lo (3) have had a default entered against them (specify names): ¥] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. have been served but have not appeared and have not been dismissed (specify names): c 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 of case in Cv complaint cross-complaint (Describe, including causes of action): Breach of Contract; Breach of the Good Faith & Fair Dealing; Fraud & Misrepresentation;Negligent Misrepresentation; Professional Negligence; Rescission; Conversion; UCL-Bus & Prof 17200; Declaratory Relief Paget of 6 Form Adopted for Mandatory Use Judicial Council of Californie “CM-110 [Rev July 4, 2044] CASE MANAGEMENT STATEMENT Cal. Rules of Court, fules 3720-3 730 www. courts ca gov.CM-110 PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION CASE NUNBER: DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC. CGC-16-551614 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.) The Applied entities set improper premiums and reserves, imposed undisclosed fees and costs, inadequately defended and mishandled claims, and misrepresented the terms and legality of its unlawful insurance contract. Insurance broker, Willis of New York, negligently placed Warwick with the Applied entities under their unlawful contract. (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 ¥_} ajury 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. Y] 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): TRIAL; 10/24/16; 11/14/16; 1/23-30/17; 3/27/17; 6/13-15/17; 7/25-8/21/17.. ARBITRATION: 1/9/17; 6/5-6/16/17. VACATION: 12/27/16-1/6/17; 3/27-4/7/17; 8/28-9/15/17. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [4] days (specify number): 25-30 b. [1] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [Y] 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 v1 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 mmedlaion 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). 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): Rule 3.811 and CCP Sec. 1775.5 WHO Rov. Jay 7, 2077 CASE MANAGEMENT STATEMENT Page 2018CM-110 [_ PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION erse None DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC. CBC-16-551614 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 ail 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): Mediation session not yet scheduled (ayn Mediation session scheduled for (date): lediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral 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): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date). Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): wm co Oo co mw Co CI Cd Co Co Co Cl Cc Cc co Ea Co CI co EJ Co Cc Co CJ ADR completed on (date): ‘CH-110 (Rev. Juy 1, 2011) Page 3 of 6 CASE MANAGEMENT STATEMENTPLAINTIFFIPETITIONER: WARWICK AMUSEMENTS CORPORATION CASE NuMBER DEFENDANTIRESPONDENT: APPLIED UNDERWRITERS, INC. Cet eee rcne 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 L 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. L]Amotionto [7] 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 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. [52] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Written Discovery September 2017 Depositions February 2018 Expert Discovery April 2018 ©. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): GM10 Rev. duly 4, 2014] CASE MANAGEMENT STATEMENT Rept soreCM-110 PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION cee | DEFENDANT/RESPONDENT, APPLIED UNDERWRITERS, INC. cece ete 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 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): See Attachment 18. 19. Meet and confer a 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 Applied defendants dispute that the case is properly 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): 1 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: September 7, 2016 JOSEPH C. GJONOLA (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (GIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. GMO FR. sy 1.2098 CASE MANAGEMENT STATEMENT Page 516Attachment 6(b), 16(c), and 18 to CMC Statement The case will not be ready for trial in 12 months because the Applied Defendants handled dozens of workers' compensation claim files for Warwick during the multiple year workers’ compensation insurance agreements, 4 ¢ Applied defendants have moved to transfer venue to Nebraska, which Warwick has opposed, The hearing is scheduled for later this month in the law and motion department. This case will require substantial discovery from the Applied entities and the insurance broker Willis. Although Warwick has sent out its initial production requests, they have yet to respond. The remaining discovery entailed in this action is extensive. First, Warwick will seek the claim files to analyze Applied’s claims handling. Each of the aimants will be given notice that their claim files are sought, which counsel has found usually requires additional time to resolve multiple levels of objections. These claim files will then be reviewed by both sides’ experts to evaluate claims mishandling issues. The parties will have to exchange tens of thousands of pages of documents. In addition to the claim files the parties will exchange underlying defense files, claim or best practices manuals guiding Applied’s handling of plaintiffs’ claims, reports prepared as a result of auditing the claim files, expert reports, etc. Warwick conservatively estimates that they will need to take a minimum of 10 depositions of claims handlers, supervisors and managers alone, including the broker. 2 This case also arises from the sale of a workers’ compensation insurance program to Warwick that is expected to involve extensive expert examination, analysis, and interpretation, The trial is expected to last 25 to 30 days.PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I am employed in the county of Los Angeles, State of California. [ am over the age of 18 and not a party to the within action. My business address is 5820 Canoga Avenue, Suite 250, Woodland Hills, California 91367. On September 7, 2016, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested party(ies) in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows: See Attached Service List [ BY U.S. MAIL: | am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Woodland Hills, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. STATE: I declare under penalty of perjury and under the laws of the State of California that the foregoing is true and correct. Executed on September 7, 2016, at Woodland Hills, California. G coc LY af tlyn Brenninkmeijer 1 PROOF OF SERVICE —- CASE MANAGEMENT STATEMENTTravis Wall HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, CA 94111 Spencer Y. Kook HINSHAW & CULBERTSON LLP 633 West 5" Street, 47" Floor Los Angeles, CA 90071-2043 Jodi S, Cohen KEESAL, YOUNG & LOGAN 400 Oceangate Long Beach, CA 90801 Larry Lichtenegger, Esq. Attorney at Law 3850 Rio Road, #58 Carmel, CA 93923 SERVICE LIST Attorneys for Defendants APPLIED UNDERWRITERS, INC.; APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC.; CALIFORNIA INSURANCE COMPANY; CONTINENTAL INDEMNITY COMPANY; APPLIED RISK SERVICES, INC. Tel: (415) 743-3738 | (213) 680-2800 Fax: (415) 434-2533 | (213) 614-7399 E-Mail: twall@mail.hinshawlaw.com skook@mail.hinshawlaw.com Attorneys for Defendant WILLIS OF NEW YORK, INC. Tel: (562) 436-2000 Fax: (562) 436-7416 E-Mail: jodi.cohen@kyl.com Attorneys for Plaintiffs Tele: (831) 626-2801 Fax: (831) 886-1639 E-Mail: lawyer@mbay.net PROOF OF SERVICE — CASE MANAGEMENT STATEMENT