Preview
CM-110
[ ATTORNEY 0} OR PARTY WITHOUT ATTORNEY ( (Name, ‘State Bar | ‘number, and address): FOR COURT USE ONLY
Stephen Csengeri (SBN97505)
Csengeri Law Offices
21250 Hawthorne Blvd., Suite 500, Torrance, CA 90503
El Eno; 310.373.9330 310.373.9040
TELEPHONE NO, FAX NO, (Optional): * .
E-MAIL ADDRESS (Optional, CSengeri @ Shangri-Law.com TILED ~
we FIL
| SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Sera of en Pareines
Al icAllister Street,
STREET ADDRESS: 10/30/ 2015
MAILING ADDRESS: | Clerk of the Court
city ano zip cove: San Francisco, CA 94102 BY:ROBERT WOODS
srancH name Civic Center Courthouse Deputy Clerk
PLAINTIFF/PETITIONER: SUSAN BRAUN
DEFENDANT/RESPONDENT ZIMMER, INC., et al
‘CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one); [#1 UNLIMITEDCASE — [__]. LIMITED CASE CGC-14-541588
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
ACASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: NOVEMBER 25, 2015 Time: 10:30am. pep, 610 Div.: Room
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Stephen Csengeri
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); Plaintiff, Susan Braun
b. LI 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, [> The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a, L¥] Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. LJ The following parties named in the complaint or cross-complaint
(1) [J 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). LJ. have had a default entered against them (specify names):
c. [Co] 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):
Product Liability, negligence
_ ~ co Ss Page 1 of §
Form Adopod for Mandatoy Uso Cal Rules of Cour
Judicial Councl ot Caorma, CASE MANAGEMENT STATEMENT rules 9720-9 720
CM-110 (Rev. July 1, 2011)
wwww.courts ca. govCM-110
_ SUSAN BRAUN CASE NUMBER
PLAINTIFF/PETITIONER: CGC-14-541588
DEFENDANT/RESPONDENT; 4!MMER, INC., et al
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, imated future lost ings. itabl lef is ht, ibe the.nat f the relief.
Paed ett ip plat, TEviSion, Corroced el horar Ha ard appar wth FSCeaT SIG Sede Ea
decompression femoral nerve and cutaneous nerve, with multiple dislocations. Medicals to date $75,000. Future
medical according to proof. No loss of earnings are sought.
(I (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):
Plaintiff, Susan Braun
a jury trial {Ja nonjury trial. (/f more than one party, provide the name of each party
6. Trial. date
a. LL 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):
c. Dates wo Wine papies 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 (4) days (specify number): 15
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [7] 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-mail address;
{"] Additional representation is described in Attachment 8.
g. Party represented:
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.
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 oF 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 Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-170 (Rev, July 4, 2011)
CASE MANAGEMENT STATEMENT Rage 20t8-
beFENOANTIRESPONDENT ZIMMER, INC., et al
~~ [CASE NUMBER:
CGC-14-541588
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):
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
+
w Co
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement
conference
Settlement conference not yet scheduled
Settlement conference scheduled for (date).
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
(3) Neutral evaluation
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
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (cate):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(5). Binding private
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):
OO00
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
ClM-110 Rev. July 4, 2011)
CASE MANAGEMENT STATEMENT
Page 3 of 5~ a —_ a oe — GM -110.
PLAINTIFF/PETITIONER: SUSAN BRAUN CASE NUMBER
CGC-14-541588
LDEFENDANTIRESPONDENT: ZIMMER, INC.,etal _
11, Insurance.
a. [“_] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [_] Yes [_] No
« Co} 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:
(2) Name of court
(3) Case number:
(4) Status:
| Additional cases are described in Attachment 13a.
b. LJ Amotionto [“_] consolidate CJ coordinate will be filed by (name party):
3ifurcation
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
VISORS BE" SEES BURL BARA REVERE BH Bea"e aa PIR gee aopption. and issues)
16. Discovery
a, UL] The party or parties have completed all discovery.
bv. [4] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written Discovery Fall 2016
Plaintiff Fact Depositions Spring 2017
Plaintiff Expert Discovery Fall 2017
c. (] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify);
CM-110 (Rey. July 4, 2011)
CASE MANAGEMENT STATEMENT Page dota a CM-110
PLAINTIFF/PETITIONER:; SUSAN BRAUN CASE NUMBER
I CGC-14-541588
DEFENDANTIRESPONDENT. _'MMER, INC., et al
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. [#1] 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):
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):
| 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: October 29, 2015
Stephen Csengeri
(TYPE OR PRINT NAME) YRE OF PARTY OR ATTORNEY)
E OF PARTY OR ATTORNEY)
_.| Additional signatures are attached,
C110 (Rev. July 4, 2011]
Page 5 of §
Preview
CM-110 [ ATTORNEY 0} OR PARTY WITHOUT ATTORNEY ( (Name, ‘State Bar | ‘number, and address): FOR COURT USE ONLY Stephen Csengeri (SBN97505) Csengeri Law Offices 21250 Hawthorne Blvd., Suite 500, Torrance, CA 90503 El Eno; 310.373.9330 310.373.9040 TELEPHONE NO, FAX NO, (Optional): * . E-MAIL ADDRESS (Optional, CSengeri @ Shangri-Law.com TILED ~ we FIL | SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Sera of en Pareines Al icAllister Street, STREET ADDRESS: 10/30/ 2015 MAILING ADDRESS: | Clerk of the Court city ano zip cove: San Francisco, CA 94102 BY:ROBERT WOODS srancH name Civic Center Courthouse Deputy Clerk PLAINTIFF/PETITIONER: SUSAN BRAUN DEFENDANT/RESPONDENT ZIMMER, INC., et al ‘CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one); [#1 UNLIMITEDCASE — [__]. LIMITED CASE CGC-14-541588 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) ACASE MANAGEMENT CONFERENCE is scheduled as follows: Date: NOVEMBER 25, 2015 Time: 10:30am. pep, 610 Div.: Room Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Stephen Csengeri 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); Plaintiff, Susan Braun b. LI 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, [> The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a, L¥] Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. LJ The following parties named in the complaint or cross-complaint (1) [J 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). LJ. have had a default entered against them (specify names): c. [Co] 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): Product Liability, negligence _ ~ co Ss Page 1 of § Form Adopod for Mandatoy Uso Cal Rules of Cour Judicial Councl ot Caorma, CASE MANAGEMENT STATEMENT rules 9720-9 720 CM-110 (Rev. July 1, 2011) wwww.courts ca. govCM-110 _ SUSAN BRAUN CASE NUMBER PLAINTIFF/PETITIONER: CGC-14-541588 DEFENDANT/RESPONDENT; 4!MMER, INC., et al 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, imated future lost ings. itabl lef is ht, ibe the.nat f the relief. Paed ett ip plat, TEviSion, Corroced el horar Ha ard appar wth FSCeaT SIG Sede Ea decompression femoral nerve and cutaneous nerve, with multiple dislocations. Medicals to date $75,000. Future medical according to proof. No loss of earnings are sought. (I (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): Plaintiff, Susan Braun a jury trial {Ja nonjury trial. (/f more than one party, provide the name of each party 6. Trial. date a. LL 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): c. Dates wo Wine papies 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 (4) days (specify number): 15 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [7] 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-mail address; {"] Additional representation is described in Attachment 8. g. Party represented: 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. 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 oF 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-170 (Rev, July 4, 2011) CASE MANAGEMENT STATEMENT Rage 20t8- beFENOANTIRESPONDENT ZIMMER, INC., et al ~~ [CASE NUMBER: CGC-14-541588 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): 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 + w Co Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date). Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation 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 arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (cate): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5). Binding private 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): OO00 ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): ClM-110 Rev. July 4, 2011) CASE MANAGEMENT STATEMENT Page 3 of 5~ a —_ a oe — GM -110. PLAINTIFF/PETITIONER: SUSAN BRAUN CASE NUMBER CGC-14-541588 LDEFENDANTIRESPONDENT: ZIMMER, INC.,etal _ 11, Insurance. a. [“_] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [_] Yes [_] No « Co} 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: (2) Name of court (3) Case number: (4) Status: | Additional cases are described in Attachment 13a. b. LJ Amotionto [“_] consolidate CJ coordinate will be filed by (name party): 3ifurcation 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 VISORS BE" SEES BURL BARA REVERE BH Bea"e aa PIR gee aopption. and issues) 16. Discovery a, UL] The party or parties have completed all discovery. bv. [4] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery Fall 2016 Plaintiff Fact Depositions Spring 2017 Plaintiff Expert Discovery Fall 2017 c. (] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify); CM-110 (Rey. July 4, 2011) CASE MANAGEMENT STATEMENT Page dota a CM-110 PLAINTIFF/PETITIONER:; SUSAN BRAUN CASE NUMBER I CGC-14-541588 DEFENDANTIRESPONDENT. _'MMER, INC., et al 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. [#1] 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): 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): | 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: October 29, 2015 Stephen Csengeri (TYPE OR PRINT NAME) YRE OF PARTY OR ATTORNEY) E OF PARTY OR ATTORNEY) _.| Additional signatures are attached, C110 (Rev. July 4, 2011] Page 5 of §