Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
David J. Berger, SBN 147645; Rebecca L. Stuart, SBN 254348
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, CA 94304-1050
TELEPHONE NO.: 650.493.9300 FAX NO. (Optional): 650.565.5100 ELECTRONICALLY
E-MAIL ADDRESS (Optional): dberger@wsgr.com; rstuart@wsgr.com
ATTORNEY FOR (Name): Defendants
FILED
Superior Court of California,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco
STREET ADDRESS: 400 McAllister 04/14/2020
MAILING ADDRESS: Clerk of the Court
BY: NEYL WEBB
CITY AND ZIP CODE: San Francisco, CA 94102 Deputy Clerk
BRANCH NAME:
PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on
behalf of Nominal Defendant Modern Healthcare Inc.
DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc., DOES 1-10
CASE MANAGEMENT STATEMENT CASE NUMBER:
CGC-19-581012
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 10, 2020 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): Rebecca L. Stuart
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): Alyson Friedensohn; Modern Healthcare Inc
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): November 25, 2019
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. 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):
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 complaint cross-complaint (Describe, including causes of action):
Derivative action brought on behalf of company; breach of fiduciary duty; unjust enrichment; abuse of control;
gross management
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
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CM-110
PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on CASE NUMBER:
behalf of Nominal Defendant Modern Healthcare Inc. CGC-19-581012
DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc., DOES 1-10
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.)
This derivative complaint involves the alleged breach of fiduciary duty by individual Defendants, the alleged unjust
enrichment of Individual Defendants, the alleged abuse of control by Individual Defendants, and the gross
mismanagement by Individual Defendants. Plaintiffs seek damages against Defendants in favor of the company,
the necessary action to reform and improve corporate governance, restitution from Defendants in favor of the
company, and costs and disbursements of the action.
(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 triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial): Plaintiff requests 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): Court closures due to COVID-19 has disrupted the court's schedule.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Cannot determine because of COVID-19 court closures
7. Estimated length of trial
The party or parties estimate that the trial will take (check one): One week
a. days (specify number): Five days
b. 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:
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 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) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
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CM-110
PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on behalf CASE NUMBER:
of Nominal Defendant Modern Healthcare Inc. CGC-19-581012
DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc. DOES 1-10
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 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
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date): TBD
Mediation completed on (date): February 24, 2020.
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
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
ADR Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
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CM-110
PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on behalf CASE NUMBER:
of Nominal Defendant Modern Healthcare Inc. CGC-19-581012
DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc., DOES 1-10
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: Erica Johnson v. Alyson Friedensohn, Modern Healthcare Inc. and DOES 1-10
(2) Name of court: San Francisco County Superior Court
(3) Case number: CGC-19-580960
(4) Status: Pending
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party): filed March 25, 2020
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):
Defendants may file discovery motions, a demurrer, and a motion for summary judgment or adjudication before
trial.
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 Description Date
Defendants Witness Depositions TBD
Defendants Plaintiff Deposition TBD
Defendants Written Discovery TBD
Defendants Other Discovery TBD
Defendants Expert Depositions TBD
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Due to state-wide lockdown, counsel is unable to determine when depositions will occur.
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
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CM-110
PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on behalf CASE NUMBER:
of Nominal Defendant Modern Healthcare Inc. CGC-19-581012
DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc., DOES 1-10
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):
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): Parties met and conferred on April 8, 2020.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify): Parties are open to settlement discussions and ADR processes and will continue these discussions in
parallel with ongoing discovery. Parties also discussed upcoming law and motion practice.
20. Total number of pages attached (if any): 0
I 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: April 14, 2020
Rebecca L. Stuart /s/ REBECCA L. STUART
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
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1 PROOF OF SERVICE
2
3 I, Candida Malferrari, declare:
4 I am employed in Santa Clara County, State of California. I am over the age of 18 years
5 and not a party to the within action. My business address is Wilson Sonsini Goodrich & Rosati,
6 650 Page Mill Road, Palo Alto, California 94304-1050.
7 On this date, I served:
8 1. Case Management Statement
9 By placing the document(s) in a sealed envelope for collection and mailing with
the United States Postal Service on this date to the following person(s):
10
Mark Punzalan
11 Nicole Daryanani
CHAN PUNZALAN LLP
12 2000 Alameda de las Pulgas, Ste. 154
San Mateo, CA 94403
13
By serving the document(s) by electronic transmission via One Legal to the
14 parties listed below:
15 Mark Punzalan
Nicole Daryanani
16 CHAN PUNZALAN LLP
2000 Alameda de las Pulgas, Ste. 154
17 San Mateo, CA 94403
Email: mark@chanpunzalan.com
18
I am readily familiar with Wilson Sonsini Goodrich & Rosati’s practice for collection and
19
processing of documents for delivery according to instructions indicated above. In the ordinary
20
course of business, documents would be handled accordingly.
21
I declare under penalty of perjury under the laws of the State of California that the
22
foregoing is true and correct. Executed at Mountain View, California on April 14, 2020.
23
24
25 Candida Malferrari
26
27
28
11281970_1.docx
PROOF OF SERVICE
CASE NO. CGC-19-581012
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David J. Berger, SBN 147645; Rebecca L. Stuart, SBN 254348 WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, CA 94304-1050 TELEPHONE NO.: 650.493.9300 FAX NO. (Optional): 650.565.5100 ELECTRONICALLY E-MAIL ADDRESS (Optional): dberger@wsgr.com; rstuart@wsgr.com ATTORNEY FOR (Name): Defendants FILED Superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco STREET ADDRESS: 400 McAllister 04/14/2020 MAILING ADDRESS: Clerk of the Court BY: NEYL WEBB CITY AND ZIP CODE: San Francisco, CA 94102 Deputy Clerk BRANCH NAME: PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on behalf of Nominal Defendant Modern Healthcare Inc. DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc., DOES 1-10 CASE MANAGEMENT STATEMENT CASE NUMBER: CGC-19-581012 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 10, 2020 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): Rebecca L. Stuart 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): Alyson Friedensohn; Modern Healthcare Inc 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): November 25, 2019 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 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): 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 complaint cross-complaint (Describe, including causes of action): Derivative action brought on behalf of company; breach of fiduciary duty; unjust enrichment; abuse of control; gross management Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on CASE NUMBER: behalf of Nominal Defendant Modern Healthcare Inc. CGC-19-581012 DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc., DOES 1-10 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.) This derivative complaint involves the alleged breach of fiduciary duty by individual Defendants, the alleged unjust enrichment of Individual Defendants, the alleged abuse of control by Individual Defendants, and the gross mismanagement by Individual Defendants. Plaintiffs seek damages against Defendants in favor of the company, the necessary action to reform and improve corporate governance, restitution from Defendants in favor of the company, and costs and disbursements of the action. (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 triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Plaintiff requests 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): Court closures due to COVID-19 has disrupted the court's schedule. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Cannot determine because of COVID-19 court closures 7. Estimated length of trial The party or parties estimate that the trial will take (check one): One week a. days (specify number): Five days b. 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: 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 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) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on behalf CASE NUMBER: of Nominal Defendant Modern Healthcare Inc. CGC-19-581012 DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc. DOES 1-10 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 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 Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): TBD Mediation completed on (date): February 24, 2020. 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 (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): ADR Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on behalf CASE NUMBER: of Nominal Defendant Modern Healthcare Inc. CGC-19-581012 DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc., DOES 1-10 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: Erica Johnson v. Alyson Friedensohn, Modern Healthcare Inc. and DOES 1-10 (2) Name of court: San Francisco County Superior Court (3) Case number: CGC-19-580960 (4) Status: Pending Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): filed March 25, 2020 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): Defendants may file discovery motions, a demurrer, and a motion for summary judgment or adjudication before trial. 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 Description Date Defendants Witness Depositions TBD Defendants Plaintiff Deposition TBD Defendants Written Discovery TBD Defendants Other Discovery TBD Defendants Expert Depositions TBD c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Due to state-wide lockdown, counsel is unable to determine when depositions will occur. CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: BENJAMIN MCCANN and ERIK BUCHANAN, derivatively on behalf CASE NUMBER: of Nominal Defendant Modern Healthcare Inc. CGC-19-581012 DEFENDANT/RESPONDENT: Alyson Friedensohn; Modern Healthcare Inc., DOES 1-10 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): 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): Parties met and conferred on April 8, 2020. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): Parties are open to settlement discussions and ADR processes and will continue these discussions in parallel with ongoing discovery. Parties also discussed upcoming law and motion practice. 20. Total number of pages attached (if any): 0 I 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: April 14, 2020 Rebecca L. Stuart /s/ REBECCA L. STUART (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com 1 PROOF OF SERVICE 2 3 I, Candida Malferrari, declare: 4 I am employed in Santa Clara County, State of California. I am over the age of 18 years 5 and not a party to the within action. My business address is Wilson Sonsini Goodrich & Rosati, 6 650 Page Mill Road, Palo Alto, California 94304-1050. 7 On this date, I served: 8 1. Case Management Statement 9 By placing the document(s) in a sealed envelope for collection and mailing with the United States Postal Service on this date to the following person(s): 10 Mark Punzalan 11 Nicole Daryanani CHAN PUNZALAN LLP 12 2000 Alameda de las Pulgas, Ste. 154 San Mateo, CA 94403 13 By serving the document(s) by electronic transmission via One Legal to the 14 parties listed below: 15 Mark Punzalan Nicole Daryanani 16 CHAN PUNZALAN LLP 2000 Alameda de las Pulgas, Ste. 154 17 San Mateo, CA 94403 Email: mark@chanpunzalan.com 18 I am readily familiar with Wilson Sonsini Goodrich & Rosati’s practice for collection and 19 processing of documents for delivery according to instructions indicated above. In the ordinary 20 course of business, documents would be handled accordingly. 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. Executed at Mountain View, California on April 14, 2020. 23 24 25 Candida Malferrari 26 27 28 11281970_1.docx PROOF OF SERVICE CASE NO. CGC-19-581012