On April 22, 2016 a
Proof of Service
was filed
involving a dispute between
Applied Underwriters Captive Risk Assurance,
California Insurance Company,,
Silver Autumn Hotel,
Warwick Amusements Corporation,,
Warwick California Corporation,
Warwick Denver Corporation,,
Warwick Melrose Dallas Corporation,
Wsf Beverage Corporation,,
and
Applied Risk Services, Inc.,,
Applied Underwriters Captive Risk Assurance,
Applied Underwriters, Inc., A Nebraska Corporation,
California Insurance Company,,
Continental Indeminty Company, An Iowa Corporation,
Does 1 Through 50, Inclusive,
Insurance Commissioner In His Capacity,
Willis Of New York, Inc.,
Willis Of New York, Inc., A New York Corporation,
for civil
in the District Court of San Francisco County.
Preview
CM-110
“ATTORNEY OR PARTY WATHOUT ATTORNEY (Nia, Stale Barnumber, ond sdeross) FR COURT USE ONLY
SPENCER Y. KOOK (SBN 205304); TRAVIS WALL (SBN 191662)
HINSHAW & CULBERTSON LLP
One Califomia Street, 18th Floor, San Francisco, CA 94111 ELECTRONICALLY
‘revepHone no: 415-362-6000 FAX NO. (Opbona): 445-834-9070
E-MAIL ADDRESS (Optional: twall@mail.hinshawlaw.com E FILED
ATTORNEY FOR (Nome): Defendants Applied Underwriters, Inc., et al. County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
srneeraconess: 400 Mflister Street 99/06/2016
MAILING ADDRESS: 400 McAllister Street BY:ROBERT WOODS
city ano2P CODE: San Francisco, CA 94102 Bt tl
BRANCH NAME:
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al,
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE CJ uimitep case CGC-16-551614
(Amount demanded (Amount demanded is $25,000
exceeds $25,000). or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 21, 2016 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):
INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided.
1. Party or parties (answer one):
a. [YZ] This statement is submitted by party (name): Applied Underwriters, Inc., AUCRA, Cal. Ins. Co., Continental Indem. Co., Applied Risk
b. [2] 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):
b. [7] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [1 Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [C7] The following parties named in the complaint or cross-complaint
(1) [71 have not been served (specify names and explain why not):
(2) [7] 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. [7] 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 [Â¥] complaint [7] cross-complaint (Describe, 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 t0t8
rode Counc of Clforia CASE MANAGEMENT STATEMENT Ca Ratea of Cour.
Coforia
"CMA110 fRev, July 1, 2019] wer. courts.ca.govCM-110
PLAINTIFFIPETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. [SEM |
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, ING., et al. ee
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 lost earnings. /f equitable relief is sought, describe the nature of the relief.)
Plaintiffs run hoteis 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 have moved to stay this case based on a mandatory venue
provision. That motion is set for hearing on September 22, 2016.
[1 (more space is needed, check this box and attach a page designated as Atachment 4b.)
5. Jury or nonjury trial
The party or parties request [7] ajurytrial [77] anonjury trial. —_(f more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. (1) The trial has been set for (date):
b. [ZI 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):
Defendants contend the case should be venued in Nebraska per a contractual venue provision.
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. [[ 2] days (specify number:
b. (£71 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 [__] by the following:
a. Attorney:
bo Fim:
c. Address:
d. Telephone number: f Fax number:
e. E-mail address: g. Party represented:
Oo Additional representation is described in Attachment 8.
9. Preference
[C2] 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 (7) 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 L_] 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) [£2] This matter is fubject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
ano I under Code of Civil Procédure section 1775.3 because the amount in controversy does not exceed the
sf 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) [2] This case is rong 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):
SAO Roe Wag: ROT CASE MANAGEMENT STATEMENT Page 2.06CM-110
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. [SE NUNGER
EFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al.
CGC-16-551614
10. ¢. 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):
(1) Mediation
(2) Settlement
conference
(3) Neutral evatuation
The party or parties completing
this form are willing to
Participate in the following ADR.
processes (check all that apply):
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
stipulation):
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 evaluation not yet scheduled
Neutra! evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
(5) Binding private
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
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):
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Cc
Co
Cc
Co
co
co
CI
Co
Co
Co
Cc
Cc
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co
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ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR compieted on (date):
CRE-110 (Rev. sly 1, 2077)
CASE MANAGEMENT STATEMENT
Page SofPLAINTIFFIPETITIONER: +WARWICK AMUSEMENTS CORPORATION, et al. | “S* MBER:
DEFENDANTIRESPONDENT: APPLIED UNDERWRITERS, INC., et al. ae
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights) [J] 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 (J other (specify): Mandatory venue provision requiring the suit to be brought in Nebraska.
Status: Defendants‘ motion to stay based on inconvenient forum is pending
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:
[1 Additional cases are described in Attachment 13a.
b. F-JAmotionto § [ consolidate [__] coordinate —_will be filed by (name party):
14. Bifurcation
CJ 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. [£2] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
io
c. [C7] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
aeO Rew hay 1 2017) CASE MANAGEMENT STATEMENT ——PLAINTIFFPETITIONER: WARWICK AMUSEMENTS CORPORATION, et al. | SS NUMBER
DEFENDANTIRESPONDENT: APPLIED UNDERWRITERS, ING., et al. COCAG-S51614
17. Economic litigation
a. 7] This is a limited civil case (1... the amount demanded is $25,000 or fess) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b, [7] 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.
(11 The panty or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Because of the pending venue motion and because the case is not at issue, the court should continue the initial
case management conference for 60 days.
19, Meet and confer
a. [] The party or parties have met and conferred with ail parties on all subjects required by rule 3.724 of the Califomia 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 Califomia Rutes of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
1am 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: September 2, 2016
Travis Wall d .
{TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY)
b
(TYPE OR PRINT NAME) (BIGHATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CEA Re yt: 2041) CASE MANAGEMENT STATEMENT Romeger®