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ARICA MA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-23-2014 11:36 am
Case Number: CGC-13-535864
Filing Date: Apr-23-2014 11:35
Filed by: CAROL BALISTRERI
Juke Box: 001 Image: 04458051
CASE MANAGEMENT STATEMENT
BENTLY BIOFUELS COMPANY LLC DBA BENTLY BIOFUELS VS. K. DAVID
FISHER et al
001004458051
Instructions:
Please place this sheet on top of the document to be scanned.CM-110
Stephen D. Collins (SBN 277482) / Kevin W. Isaac:
TINGLEY LAW GROUP, PC
10 Almaden Boulevard, Suite 430
San Jose, California 95113
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Defendants
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and adress): FOR COURT USE ONLY
TELEPHONE No.: (408) 283-7000 FAX NO. (Optional):
son (SBN 281067)
F
Superior:
Coun
uM oF San ge fomi
D
street appress; 400 McAllister Street
MAILING ADDRESS:
city ano zip cove: San Francisco, California 94102
BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
DEFENDANT/RESPONDENT: DAVID FISHER, et al.
PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC.
(Check one): [XJ UNLIMITED CASE
(Amount demanded
exceeds $25,000)
CASE MANAGEMENT STATEMENT CASE NUMBER:
LIMITED CASE CGC-13-535864
(Amount demanded is $25,000
or less)
A CASE MANAGEMENT CONFERENCE is scheduled a:
Date: May 7, 2014 Time: 10:30 a.m.
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
is follows:
Dept.: Div.: Room: 610
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [X]_ This statement is submitted by party (name): K. David Fisher and 3D Oil & Grease LLC
b. This statement is submitted jointly by parties (names):
Neo
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) I 5 k
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. 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) [1 have not been served (specify n:
james 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 ofcase in [XJ complaint cross-complaint (Describe, including causes of action):
Breach of Contract; Conversion; Fraud and
Concealment; Negligent Misrepresentation; Violation of B&PC 17200
Page 1 of §
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Counc! of California
CM-110 fRev. July 1, 2011)
rules 3.720-3.730
wivw.courts.ca.govCM-110
- CASE NUMBER:
| PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC CGC-13.535864
DEFENDANT/RESPONDENT: DAVID FISHER, 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, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Breach of Contract, Inducing Breach of Contract, Tortious Interference, Conversion, Fraud, Negligent
Misrepresentation, Violation of Bus. & Prof. Code section 17200 et seq., seeking compensatory damages,
punitive damages, disgorgement, injunctive relief and attorney's fees.
(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 trial a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. XI 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):
Trials: 10/14/14-11/11/14; 12/15/14-12/22/14; 1/26/15-2/2/15; 3/3/15-3/10/15 S/Conf.: 7/21/14; 7/28/14; 7/30/14; 11/24/14
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [X] days (specify number): 5-7
b. hours (short causes) (specify):
8. Trial representation (fo 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. &-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 X 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 (J has [J 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):
GM-110 [Rev 2097) CASE MANAGEMENT STATEMENT Page Zot 5
American LegalNet, Inc.
www FormsWorkFlow.comCM-110
. CASE NUMBER:
| PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC CGC-13.535864
IDEFENDANT/RESPONDENT: 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 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):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
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 (dafe):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date).
Agreed to complete ADR session by (date):
ADR completed on (date)
ON-110 Rew. ay 4, 2047 CASE MANAGEMENT STATEMENT Page SofCM-110
| DEFENDANT/RESPONDENT: DAVID FISHER, et al.
CASE NUMBER:
PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC CGC-13-535864
‘1.
15.
16.
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):
. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
. 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. A motion to consolidate (coordinate will be filed by (name party):
. 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):
Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Discovery
a. The party or parties have completed all discovery.
b The following discovery will be completed by the date specified (describe ail anticipated discovery):
Party Description Date
Defendants Written Discovery September 2014
Defendants Depositions December 2014
Defendants Third-Party Subpoenas January 2015
Defendants Expert Discovery Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Gv Re dy 6, 2071 ~ CASE MANAGEMENT STATEMENT — age 4015CM-110
. CASE NUMBER:
PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC CGC.13.535864
| DEFENDANT/RESPONDENT: 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. {XJ 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: April 22, 2014
Kevin W. Isaacson
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached
Gnt90 Rev. dy 1, 2034) CASE MANAGEMENT STATEMENT “Page Sef
‘American Legal’
aww FormsWorkFlow com27
28
TincLey Law Group
ATTORNEYS AT LAW
CASE NAME: BENTLY BIOFUELS v. FISHER, et al. CASE NO.: CGC-13-535864
PROOF OF SERVICE
I am a citizen of the United States. My business address is 10 Almaden Boulevard,
Suite 430, San Jose, California 95113. I am employed in the County of Santa Clara where this
service occurs. J am over the age of 18 years, and not a party to the within cause. | am readily
familiar with my employer’s normal business practice for collection and processing of
correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence
is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary
course of business.
On the date set forth below, following ordinary business practice, I served a true copy of
the foregoing document(s) described as:
CASE MANAGEMENT STATEMENT
oO (BY FAX) by transmitting via facsimile the document(s) listed above to the fax
number(s) set forth below, or as stated on the attached service list, on this date
before 5:00 p.m.
(BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be
placed in the United States mail at San Jose, California.
oOo (BY PERSONAL SERVICE) I caused such document(s) to be delivered by hand
this date to the office of the addressee(s).
oO (BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an
overnight delivery carrier with delivery fees provided for, addressed to the
person(s) on whom it is to be served.
oO (BY EMAIL/ELECTRONIC DELIVERY) I caused such document(s) to be
transmitted by electronic mail transmission to the appropriate electronic mail
address(es) set forth below. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
unsuccessful.
i
Ronald J. Holland
Babak G. Yousefzadeh
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17" Floor
San Francisco, California 94111-4109
{Attorneys for Plaintiff]
Telephone: (415) 434-9100
Facsimile: (415) 434-3947
(State) | declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
Executed on April 23, 2014, at San Jose, California.
Mute A. Yorn
LORETYA M. THOMAS, CCLS
96DFSBB2.doc,
PROOF OF SERVICE
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ARICA MA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-23-2014 11:36 am Case Number: CGC-13-535864 Filing Date: Apr-23-2014 11:35 Filed by: CAROL BALISTRERI Juke Box: 001 Image: 04458051 CASE MANAGEMENT STATEMENT BENTLY BIOFUELS COMPANY LLC DBA BENTLY BIOFUELS VS. K. DAVID FISHER et al 001004458051 Instructions: Please place this sheet on top of the document to be scanned.CM-110 Stephen D. Collins (SBN 277482) / Kevin W. Isaac: TINGLEY LAW GROUP, PC 10 Almaden Boulevard, Suite 430 San Jose, California 95113 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendants ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and adress): FOR COURT USE ONLY TELEPHONE No.: (408) 283-7000 FAX NO. (Optional): son (SBN 281067) F Superior: Coun uM oF San ge fomi D street appress; 400 McAllister Street MAILING ADDRESS: city ano zip cove: San Francisco, California 94102 BRANCH NAME: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO DEFENDANT/RESPONDENT: DAVID FISHER, et al. PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC. (Check one): [XJ UNLIMITED CASE (Amount demanded exceeds $25,000) CASE MANAGEMENT STATEMENT CASE NUMBER: LIMITED CASE CGC-13-535864 (Amount demanded is $25,000 or less) A CASE MANAGEMENT CONFERENCE is scheduled a: Date: May 7, 2014 Time: 10:30 a.m. Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): is follows: Dept.: Div.: Room: 610 INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [X]_ This statement is submitted by party (name): K. David Fisher and 3D Oil & Grease LLC b. This statement is submitted jointly by parties (names): Neo 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) I 5 k 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. 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) [1 have not been served (specify n: james 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 ofcase in [XJ complaint cross-complaint (Describe, including causes of action): Breach of Contract; Conversion; Fraud and Concealment; Negligent Misrepresentation; Violation of B&PC 17200 Page 1 of § Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Counc! of California CM-110 fRev. July 1, 2011) rules 3.720-3.730 wivw.courts.ca.govCM-110 - CASE NUMBER: | PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC CGC-13.535864 DEFENDANT/RESPONDENT: DAVID FISHER, 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, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Breach of Contract, Inducing Breach of Contract, Tortious Interference, Conversion, Fraud, Negligent Misrepresentation, Violation of Bus. & Prof. Code section 17200 et seq., seeking compensatory damages, punitive damages, disgorgement, injunctive relief and attorney's fees. (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 trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. XI 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): Trials: 10/14/14-11/11/14; 12/15/14-12/22/14; 1/26/15-2/2/15; 3/3/15-3/10/15 S/Conf.: 7/21/14; 7/28/14; 7/30/14; 11/24/14 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [X] days (specify number): 5-7 b. hours (short causes) (specify): 8. Trial representation (fo 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. &-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 X 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 (J has [J 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): GM-110 [Rev 2097) CASE MANAGEMENT STATEMENT Page Zot 5 American LegalNet, Inc. www FormsWorkFlow.comCM-110 . CASE NUMBER: | PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC CGC-13.535864 IDEFENDANT/RESPONDENT: 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 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): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement 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 (dafe): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date). Agreed to complete ADR session by (date): ADR completed on (date) ON-110 Rew. ay 4, 2047 CASE MANAGEMENT STATEMENT Page SofCM-110 | DEFENDANT/RESPONDENT: DAVID FISHER, et al. CASE NUMBER: PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC CGC-13-535864 ‘1. 15. 16. 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): . Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: . 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. A motion to consolidate (coordinate will be filed by (name party): . 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): Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery a. The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe ail anticipated discovery): Party Description Date Defendants Written Discovery September 2014 Defendants Depositions December 2014 Defendants Third-Party Subpoenas January 2015 Defendants Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Gv Re dy 6, 2071 ~ CASE MANAGEMENT STATEMENT — age 4015CM-110 . CASE NUMBER: PLAINTIFF/PETITIONER: BENTLY BIOFUELS COMPANY LLC CGC.13.535864 | DEFENDANT/RESPONDENT: 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. {XJ 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: April 22, 2014 Kevin W. Isaacson (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached Gnt90 Rev. dy 1, 2034) CASE MANAGEMENT STATEMENT “Page Sef ‘American Legal’ aww FormsWorkFlow com27 28 TincLey Law Group ATTORNEYS AT LAW CASE NAME: BENTLY BIOFUELS v. FISHER, et al. CASE NO.: CGC-13-535864 PROOF OF SERVICE I am a citizen of the United States. My business address is 10 Almaden Boulevard, Suite 430, San Jose, California 95113. I am employed in the County of Santa Clara where this service occurs. J am over the age of 18 years, and not a party to the within cause. | am readily familiar with my employer’s normal business practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary course of business. On the date set forth below, following ordinary business practice, I served a true copy of the foregoing document(s) described as: CASE MANAGEMENT STATEMENT oO (BY FAX) by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below, or as stated on the attached service list, on this date before 5:00 p.m. (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at San Jose, California. oOo (BY PERSONAL SERVICE) I caused such document(s) to be delivered by hand this date to the office of the addressee(s). oO (BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an overnight delivery carrier with delivery fees provided for, addressed to the person(s) on whom it is to be served. oO (BY EMAIL/ELECTRONIC DELIVERY) I caused such document(s) to be transmitted by electronic mail transmission to the appropriate electronic mail address(es) set forth below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. i Ronald J. Holland Babak G. Yousefzadeh SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17" Floor San Francisco, California 94111-4109 {Attorneys for Plaintiff] Telephone: (415) 434-9100 Facsimile: (415) 434-3947 (State) | declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on April 23, 2014, at San Jose, California. Mute A. Yorn LORETYA M. THOMAS, CCLS 96DFSBB2.doc, PROOF OF SERVICE