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MAA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-22-2014 3:38 pm
Case Number: CGC-13-535864
Filing Date: Apr-22-2014 3:37
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 04457198
CASE MANAGEMENT STATEMENT
BENTLY BIOFUELS COMPANY LLC DBA BENTLY BIOFUELS VS. K. DAVID
FISHER et al
001004457198
Instructions:
Please place this sheet on top of the document to be scanned.CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Wame, State Bar number, and address! FOR COURT USE ONLY
Ronald Holland, CA 148687; Babak Yousefzadeh, CA 235974
Kyle K. Matarrese, CA 271689
Sheppard Mullin Richter & Hampton LLP
Four Embarcadero Center, 17'" Floor, San Francisco, CA 94111
TELEPHONE NO. 415.434.9100 FAX NO. (Optional: 415.434.3947 -
ssn soon Ei
ATTORNEY FOR (Name) Plaintiff igoarly
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
strcet aopress 400 McAllister Street APR 22 7014
MAILING ADDRESS
ciryano zp cove San Francisco, CA 94102 Cac ik it Pye Ue y
BRANCH NAME Gy &
PLAINTIFF/PETITIONER: Bently Biofuels Collection Services
DEFENDANT/RESPONDENT: K. David Fisher, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): [XJ] UNLIMITED CASE LIMITED CASE CGC-13-535864
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 7, 2014 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
(Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. {4 This statement is submitted by party (name): Bently Biofuels Collection Services
b. [1 This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The compiaint was filed on (date): December 3, 2013
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [J] Allparties 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. EX] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
CM-110 [Rev July 1, 2011)
4. Description of case
a. Type of case in BJ complaint cross-complaint (Describe, including causes of action):
Complaint alleges 8 claims, primarily for breach of contract and various torts, including tortious interference with
economic advantage and contractual relationship, conversion, fraud and concealment, and unfair competition.
Page 1 ofS
Fomlatoa Courct of calterna CASE MANAGEMENT STATEMENT Cres 3 1508 78)
www courts.ca.govCM-110
F R llecti i CASE NUMBER
| PLAINTIFF/PETITIONER: Bently Biofuels Collection Services CGC.13-535864
DEFENDANT/RESPONDENT: K, David Fisher, et al.
4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
David Fisher, a former employee of Plaintiff, left his employ and formed a competing company, 3D Oil & Grease,
and thereafter Fisher engaged in various unlawful acts, including: visiting Plaintiffs customers, stealing Plaintiff's
property, misusing its proprietary information, misrepresenting himself as being affiliated with Plaintiff, harming
Plaintiffs relationships with its customers, and unfairly competing with Plaintiff. Damages will include monetary
and injunctive relief (in fact, the court has already issued a preliminary injunction against Defendants).
(if more space is needed, check this box and attach a page designated as Attachment 4b.)
5, Jury oF nonjury trial
The party or parties request ajury trial {] anonjury trial. (If more than one party, provide the name of each party
requesting a jury tral):
6. Trial date
a. The trial has been set for (date):
b. EJ) 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):
October 9-10, 2014, November 24-28, 2014, December 22, 2014 to January 2, 2015.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a days (specify number): 5-7
b. (1) _ hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [X) 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 [K] has [] hasnot 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) [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) EX) 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):
prayer seeks equitabie/injunctive relief, multiple causes of action and damages exceed $50,000
Cats [Rev. day 4, 2014) CASE MANAGEMENT STATEMENT Page 208CM-110
: i i CASE NUMBER:
| PLAINTIFF/PETITIONER: Bently Biofuels Collection Services CGC-13.535864
IDEFENDANT/RESPONDENT: K. David Fisher, et al.
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
Mediation session scheduled for (date):
(1) Mediation
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 settiement 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
(6) 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):
Agreed to complete ADR session by (date):
ADR completed on (date):
Sassoon day 120 CASE MANAGEMENT STATEMENT Pago 3 of
American L
(somes, @)CM-110
TIT fuel: Hecti CASE NUMBER
| PLAINTIFF/PETITIONER: Bently Biofuels Collection Services OGC. 13. 635864
DEFENDANT/RESPONDENT: K. David Fisher, et al
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. =) oe
a. [7] 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. (J Amotion to consolidate coordinate will be filed by (name party):
14. Bifurcation
(1 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):
Plaintiff already filed for a preliminary injunction against Defendants, which was largely granted. Plaintiff also
expects to file summary judgment motion, standard motions in limine, and possible discovery motions, (as
needed)
16. Discovery
a The party or parties have completed all discovery.
b BX The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Additional interrogatories August 1, 2014
Plaintiff Additional requests for admissions August 1, 2014
Plaintiff Additional requests for documents. August 1, 2014
Plaintiff Plaintiffs Deposition September 1, 2014
Plaintiff Third Party Depositions/Supoenas September 1, 2014
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify).
None anticipated at this time. Parties to meet and confer if such issues arise:
EN N0 [Rev ay 8 20° CASE MANAGEMENT STATEMENT Page 48CM-110
~ . CASE NUMBER:
PLAINTIFF/PETITIONER: Bently Biofuels Collection Services CGC-13-535864
| DEFENDANT/RESPONDENT: K. David Fisher, 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. 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): Counsel for Plaintiff requested meet and confer with defense counsel on April 15, 2014,
but received no response prior to filing deadline for the instant CMC statement.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify): N/A
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: April 22, 2014
Babak Yousefzadeh » fist bam
»
(TYPE OR PRINT NAME) moment PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
GMT Few Say 1 2077) CASE MANAGEMENT STATEMENT Pago BotNY Dw RB ww
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
At the time of service, I was over 18 years of age and not a party to this action. | am
employed in the County of San Francisco, State of California, My business address is Four
Embarcadero Center, 17th Floor, San Francisco, CA 94111-4109.
On April 22, 2014, I served true copies of the following document(s) described as on the
interested parties in this action as follows:
CASE MANAGEMENT STATEMENT
Curtis R. Tingley
Kevin P. O’Brien —_ ~ Be
Kevin W. Isaacson
TINGLEY LAW GROUP, PC
10 Almaden Boulevard, Suite 430
San Jose, California 95113
Attorneys for Defendants
BY MAIL: | enclosed the document(s) in a sealed envelope or package addressed to the
persons at the addresses listed in the Service List and placed the envelope for collection and
mailing, following our ordinary business practices. I am readily familiar with the firm's practice
for collecting and processing correspondence for mailing. On the same day that the
correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on April 22, 2014, at San Francisco, California.
SMRI1418570657.1
PROOF OF SERVICE
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MAA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-22-2014 3:38 pm Case Number: CGC-13-535864 Filing Date: Apr-22-2014 3:37 Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 04457198 CASE MANAGEMENT STATEMENT BENTLY BIOFUELS COMPANY LLC DBA BENTLY BIOFUELS VS. K. DAVID FISHER et al 001004457198 Instructions: Please place this sheet on top of the document to be scanned.CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Wame, State Bar number, and address! FOR COURT USE ONLY Ronald Holland, CA 148687; Babak Yousefzadeh, CA 235974 Kyle K. Matarrese, CA 271689 Sheppard Mullin Richter & Hampton LLP Four Embarcadero Center, 17'" Floor, San Francisco, CA 94111 TELEPHONE NO. 415.434.9100 FAX NO. (Optional: 415.434.3947 - ssn soon Ei ATTORNEY FOR (Name) Plaintiff igoarly SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco strcet aopress 400 McAllister Street APR 22 7014 MAILING ADDRESS ciryano zp cove San Francisco, CA 94102 Cac ik it Pye Ue y BRANCH NAME Gy & PLAINTIFF/PETITIONER: Bently Biofuels Collection Services DEFENDANT/RESPONDENT: K. David Fisher, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): [XJ] UNLIMITED CASE LIMITED CASE CGC-13-535864 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 7, 2014 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): (Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. {4 This statement is submitted by party (name): Bently Biofuels Collection Services b. [1 This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The compiaint was filed on (date): December 3, 2013 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [J] Allparties 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. EX] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): CM-110 [Rev July 1, 2011) 4. Description of case a. Type of case in BJ complaint cross-complaint (Describe, including causes of action): Complaint alleges 8 claims, primarily for breach of contract and various torts, including tortious interference with economic advantage and contractual relationship, conversion, fraud and concealment, and unfair competition. Page 1 ofS Fomlatoa Courct of calterna CASE MANAGEMENT STATEMENT Cres 3 1508 78) www courts.ca.govCM-110 F R llecti i CASE NUMBER | PLAINTIFF/PETITIONER: Bently Biofuels Collection Services CGC.13-535864 DEFENDANT/RESPONDENT: K, David Fisher, et al. 4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) David Fisher, a former employee of Plaintiff, left his employ and formed a competing company, 3D Oil & Grease, and thereafter Fisher engaged in various unlawful acts, including: visiting Plaintiffs customers, stealing Plaintiff's property, misusing its proprietary information, misrepresenting himself as being affiliated with Plaintiff, harming Plaintiffs relationships with its customers, and unfairly competing with Plaintiff. Damages will include monetary and injunctive relief (in fact, the court has already issued a preliminary injunction against Defendants). (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5, Jury oF nonjury trial The party or parties request ajury trial {] anonjury trial. (If more than one party, provide the name of each party requesting a jury tral): 6. Trial date a. The trial has been set for (date): b. EJ) 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): October 9-10, 2014, November 24-28, 2014, December 22, 2014 to January 2, 2015. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a days (specify number): 5-7 b. (1) _ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [X) 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 [K] has [] hasnot 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) [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) EX) 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): prayer seeks equitabie/injunctive relief, multiple causes of action and damages exceed $50,000 Cats [Rev. day 4, 2014) CASE MANAGEMENT STATEMENT Page 208CM-110 : i i CASE NUMBER: | PLAINTIFF/PETITIONER: Bently Biofuels Collection Services CGC-13.535864 IDEFENDANT/RESPONDENT: K. David Fisher, et al. 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 Mediation session scheduled for (date): (1) Mediation 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 settiement 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 (6) 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): Agreed to complete ADR session by (date): ADR completed on (date): Sassoon day 120 CASE MANAGEMENT STATEMENT Pago 3 of American L (somes, @)CM-110 TIT fuel: Hecti CASE NUMBER | PLAINTIFF/PETITIONER: Bently Biofuels Collection Services OGC. 13. 635864 DEFENDANT/RESPONDENT: K. David Fisher, et al 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. =) oe a. [7] 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. (J Amotion to consolidate coordinate will be filed by (name party): 14. Bifurcation (1 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): Plaintiff already filed for a preliminary injunction against Defendants, which was largely granted. Plaintiff also expects to file summary judgment motion, standard motions in limine, and possible discovery motions, (as needed) 16. Discovery a The party or parties have completed all discovery. b BX The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Additional interrogatories August 1, 2014 Plaintiff Additional requests for admissions August 1, 2014 Plaintiff Additional requests for documents. August 1, 2014 Plaintiff Plaintiffs Deposition September 1, 2014 Plaintiff Third Party Depositions/Supoenas September 1, 2014 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify). None anticipated at this time. Parties to meet and confer if such issues arise: EN N0 [Rev ay 8 20° CASE MANAGEMENT STATEMENT Page 48CM-110 ~ . CASE NUMBER: PLAINTIFF/PETITIONER: Bently Biofuels Collection Services CGC-13-535864 | DEFENDANT/RESPONDENT: K. David Fisher, 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. 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): Counsel for Plaintiff requested meet and confer with defense counsel on April 15, 2014, but received no response prior to filing deadline for the instant CMC statement. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): N/A 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: April 22, 2014 Babak Yousefzadeh » fist bam » (TYPE OR PRINT NAME) moment PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. GMT Few Say 1 2077) CASE MANAGEMENT STATEMENT Pago BotNY Dw RB ww PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, I was over 18 years of age and not a party to this action. | am employed in the County of San Francisco, State of California, My business address is Four Embarcadero Center, 17th Floor, San Francisco, CA 94111-4109. On April 22, 2014, I served true copies of the following document(s) described as on the interested parties in this action as follows: CASE MANAGEMENT STATEMENT Curtis R. Tingley Kevin P. O’Brien —_ ~ Be Kevin W. Isaacson TINGLEY LAW GROUP, PC 10 Almaden Boulevard, Suite 430 San Jose, California 95113 Attorneys for Defendants BY MAIL: | enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the firm's practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 22, 2014, at San Francisco, California. SMRI1418570657.1 PROOF OF SERVICE