Preview
OOM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-19-2014 03:49 pm
Case Number: CGC-13-534579
Filing Date: Aug-19-2014 03:48 pm
Filed by: DARLENE LUM
Juke Box: 001 Image: 04591926
CASE MANAGEMENT STATEMENT
ROSA KINZI et al VS. OPEN TOP SIGHTSEEING SAN FRANCISCO, LLC et al
001004591926
Instructions:
Please place this sheet on top of the document to be scanned."ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
William B. Smith, SBN 058338
[Abramson Smith Walsmith, LLP
144 Montgomery St. #3340, San Francisco, CA 94014
TELEPHONE NO.: 415-421-7995 FAX NO. (Optional): 445-421-0912
E-MAIL ADDRESS (Optiona))
CM-110
ATTORNEY FOR (Name): Plaintiffs Rose Kinzl, et al.
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco I L. E D
streer aopress: 400 McAllister Street Francisco ty Superior Court
MAILING ADDRESS: AUG 1 Q 2014
CITY AND ZIP CODE: San Francisco, CA
BRANCH NAME:
CLERK OF THE QOURT
PLAINTIFF/PETITIONER: Rosa Kinzl, et al. ley: autan. t
DEFENDANT/RESPONDENT: Open Top Sightseeing San Francisco, LLC
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [CZ] UNLIMITED CASE [2 uimitep case CGC-13-534579
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 10, 2014 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
(Z] Notice of Intent to Appear by Telephone, by (name): Blair Walsh
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [21 This statement is submitted by party (name): Plaintiffs Rosa Kinzl, Johann Kinzl, Edward Farrel, Molly Farrel
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): 9/30/13
bv. [] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [4] 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) [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) [1 have had a default entered against them (specify names):
c. [1 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 Cc cross-complaint (Describe, including causes of action):
Personal injury.
Page 10f 6
Form Adored fox Manton Use CASE MANAGEMENT STATEMENT oa 8730
(CM-110 Rev. July 1, 2011} wwrw_courts.ca.govCM-110
l PLAINTIFF/PETITIONER: Rosa Kinzl, et al. CASE NUMBER’
Dl
-13-!
EFENDANT/RESPONDENT: Open Top Sightseeing San Francisco, LLC CGC-13-534579
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.)
The plaintiffs were passengers on a double-decker sightseeing bus operated by def. Open Top Sightseeing. They
were seated on the open top level of the bus when the bus collided with a low hanging AT&T overhead wire that
hit them causing serious injuries. Four plaintiffs: Rosa Kinzl: facial & neck injuries & Johann Kinzl: facial injuries
medical expenses approx. $250,000; Edward Farrel, $19,768; & Molly Farrel, $4,610.
(—] (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):
a jury trial Coa nonjury trial. (if more than one party, provide the name of each party
6. Trial date
a. The trial has been set for (date):
b. [2] 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):
Pls. see 16(c)
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Dec.15-31, 2014; Jan.19-30, 2015 ABOTA Bd mtg; Int'l Soc. Barristers March 9-20, 2015
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. LZ] days (specify number): 5-7
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial (Z1] 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:
[7] Additional representation is described in Attachment 8.
9. Preference
[1 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 [4] has CJ 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 Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CH-ATO Rev. uy 7,207 CASE MANAGEMENT STATEMENT Page zorPLAINTIFF/PETITIONER: Rosa Kinzl, et al. ‘SE NUMBER:
CGC-13-534579
CM-110
40. 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):
Agreed to complete mediation by (date):
Mediation completed on (date):
(1) Mediation
(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):
Neutral evaluation not yet scheduled
(3) Neutral fuati Neutral evaluation scheduled for (date):
leutral 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
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
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ADR completed on (date):
‘CM-110 [Rev. July 1, 2011] Page Sof 6
CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: Rosa Kinzl, et al. CASE NUMBER:
. . a -13-53:
DEFENDANT/RESPONDENT: Open Top Sightseeing San Francisco, LLC cee 4579
11. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights) [[_] Yes [7] 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 1 other (specify):
Status:
43. 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. [[_] Amotion to consolidate [1 coordinate will be filed by (name party):
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):
Motions in limine
16. Discovery
a. [__] The party or parties have completed all discovery.
b. [1] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Depositions of Open Top employees 8/26-27/14
Plaintiff Deposition of AT&T witness 9/30/14
Plaintiff Follow-up written discovery 10/31/14
c. LZ] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
The Kinzls reside in Austria & the parties are arranging their depositions in S.F. in November. Also
depositions of Farrels from Texas. Defense medical exams will be scheduled at same time. Defense counsel
had a trial which made it necessary to postpone depositions of the bus company.
Cuno Rew ay 1,200 CASE MANAGEMENT STATEMENT Page sotPLAINTIFF/PETITIONER: Rosa Kinzl, et al. (CASE NUMBER:
CGC-13-534579
CM-110
DEFENDANT/RESPONDENT: Open Top Sightseeing San Francisco, LLC
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):
419. 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: August 18, 2014
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
MFO Rev. say 1, 2048 CASE MANAGEMENT STATEMENT Page sore27
28
PROOF OF SERVICE
Kinzl, et al. v. Open Top Sightseeing San Francisco (Case No. CGC-13-534579)
I, the undersigned hereby declare:
Iam over the age of 18 years and not a party to or interested in the within entitled cause. I
am an employee of ABRAMSON SMITH WALDSMITH, LLP and my business address is 44
Montgomery Street, Suite 3340, San Francisco, California 94104. On the date stated below, I served
a true copy of:
(&)
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PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT
BY MAIL - by placing said document(s) in an envelope addressed as shown below. I am
readily familiar with my firm's practice for collection and processing of correspondence for
mailing with the United States Postal Service. Said correspondence will be deposited with
the United States Postal Service this same day in the ordinary course of business. | sealed
said envelope and placed it for collection and mailing on the date stated below to the
addressee stated below, following the firm's ordinary business practices.
BY FACSIMILE TRANSMISSION - to the individual and facsimile number set forth
below. I caused the document(s) to be transmitted by facsimile machine to the addresses
listed below at the facsimile number listed below. I am readily familiar with my firm's
practice for transmissions by facsimile. Said transmissions are sent as soon as possible and
are repeated, if necessary, until they are reported as complete and without error. In sending
the above described document by facsimile, I followed the firm's ordinary business
practices.
BY OVERNIGHT DELIVERY - by enclosing a true and correct copy of said
document(s) in a UPS envelope(s) addressed as set forth below. The envelope(s) was
(were) sealed and deposited with UPS that same day in the ordinary course of business at
San Francisco, California.
BY MESSENGER - by handing a copy of said document(s) to Silver Bullet, for personal
service by its agent to the person(s) at the address(es) set forth below.
BY PERSONALLY DELIVERING the document(s) to the person(s) at the address(es)
set forth below.
PROOF OF SERVICENorman La Force Attorneys for Open Top Sightseeing San
Law offices of Samuel G. Grader Francisco, LLC & Manuel Gomez Guardado
555 Mission St. #320
San Francisco, CA 94105
Gregory B. Mouroux Attorneys for Pacific Bell Telephone Co.
AT&T Services, Inc., Legal Dept.
525 Market St. #2009
San Francisco, CA 94105
Holger Siegwart Attorneys for Intervenor
Siegwart German American Law
1799 Bayshore Highway #129
Burlingame, CA 94010
Executed August 18, 2014. I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Maria Dunn
PROOF OF SERVICE
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OOM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-19-2014 03:49 pm Case Number: CGC-13-534579 Filing Date: Aug-19-2014 03:48 pm Filed by: DARLENE LUM Juke Box: 001 Image: 04591926 CASE MANAGEMENT STATEMENT ROSA KINZI et al VS. OPEN TOP SIGHTSEEING SAN FRANCISCO, LLC et al 001004591926 Instructions: Please place this sheet on top of the document to be scanned."ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY William B. Smith, SBN 058338 [Abramson Smith Walsmith, LLP 144 Montgomery St. #3340, San Francisco, CA 94014 TELEPHONE NO.: 415-421-7995 FAX NO. (Optional): 445-421-0912 E-MAIL ADDRESS (Optiona)) CM-110 ATTORNEY FOR (Name): Plaintiffs Rose Kinzl, et al. ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco I L. E D streer aopress: 400 McAllister Street Francisco ty Superior Court MAILING ADDRESS: AUG 1 Q 2014 CITY AND ZIP CODE: San Francisco, CA BRANCH NAME: CLERK OF THE QOURT PLAINTIFF/PETITIONER: Rosa Kinzl, et al. ley: autan. t DEFENDANT/RESPONDENT: Open Top Sightseeing San Francisco, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [CZ] UNLIMITED CASE [2 uimitep case CGC-13-534579 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 10, 2014 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): (Z] Notice of Intent to Appear by Telephone, by (name): Blair Walsh INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [21 This statement is submitted by party (name): Plaintiffs Rosa Kinzl, Johann Kinzl, Edward Farrel, Molly Farrel 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): 9/30/13 bv. [] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [4] 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) [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) [1 have had a default entered against them (specify names): c. [1 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 Cc cross-complaint (Describe, including causes of action): Personal injury. Page 10f 6 Form Adored fox Manton Use CASE MANAGEMENT STATEMENT oa 8730 (CM-110 Rev. July 1, 2011} wwrw_courts.ca.govCM-110 l PLAINTIFF/PETITIONER: Rosa Kinzl, et al. CASE NUMBER’ Dl -13-! EFENDANT/RESPONDENT: Open Top Sightseeing San Francisco, LLC CGC-13-534579 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.) The plaintiffs were passengers on a double-decker sightseeing bus operated by def. Open Top Sightseeing. They were seated on the open top level of the bus when the bus collided with a low hanging AT&T overhead wire that hit them causing serious injuries. Four plaintiffs: Rosa Kinzl: facial & neck injuries & Johann Kinzl: facial injuries medical expenses approx. $250,000; Edward Farrel, $19,768; & Molly Farrel, $4,610. (—] (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): a jury trial Coa nonjury trial. (if more than one party, provide the name of each party 6. Trial date a. The trial has been set for (date): b. [2] 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): Pls. see 16(c) c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Dec.15-31, 2014; Jan.19-30, 2015 ABOTA Bd mtg; Int'l Soc. Barristers March 9-20, 2015 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. LZ] days (specify number): 5-7 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial (Z1] 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: [7] Additional representation is described in Attachment 8. 9. Preference [1 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 [4] has CJ 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CH-ATO Rev. uy 7,207 CASE MANAGEMENT STATEMENT Page zorPLAINTIFF/PETITIONER: Rosa Kinzl, et al. ‘SE NUMBER: CGC-13-534579 CM-110 40. 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): Agreed to complete mediation by (date): Mediation completed on (date): (1) Mediation (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): Neutral evaluation not yet scheduled (3) Neutral fuati Neutral evaluation scheduled for (date): leutral 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 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): a co Co oo Cc co oo co Cc co Cl co oO Cl Co Co Co Cc Cl CI oO Co Cc Cl ADR completed on (date): ‘CM-110 [Rev. July 1, 2011] Page Sof 6 CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: Rosa Kinzl, et al. CASE NUMBER: . . a -13-53: DEFENDANT/RESPONDENT: Open Top Sightseeing San Francisco, LLC cee 4579 11. Insurance a. [__] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights) [[_] Yes [7] 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 1 other (specify): Status: 43. 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. [[_] Amotion to consolidate [1 coordinate will be filed by (name party): 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): Motions in limine 16. Discovery a. [__] The party or parties have completed all discovery. b. [1] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Depositions of Open Top employees 8/26-27/14 Plaintiff Deposition of AT&T witness 9/30/14 Plaintiff Follow-up written discovery 10/31/14 c. LZ] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The Kinzls reside in Austria & the parties are arranging their depositions in S.F. in November. Also depositions of Farrels from Texas. Defense medical exams will be scheduled at same time. Defense counsel had a trial which made it necessary to postpone depositions of the bus company. Cuno Rew ay 1,200 CASE MANAGEMENT STATEMENT Page sotPLAINTIFF/PETITIONER: Rosa Kinzl, et al. (CASE NUMBER: CGC-13-534579 CM-110 DEFENDANT/RESPONDENT: Open Top Sightseeing San Francisco, LLC 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): 419. 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: August 18, 2014 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. MFO Rev. say 1, 2048 CASE MANAGEMENT STATEMENT Page sore27 28 PROOF OF SERVICE Kinzl, et al. v. Open Top Sightseeing San Francisco (Case No. CGC-13-534579) I, the undersigned hereby declare: Iam over the age of 18 years and not a party to or interested in the within entitled cause. I am an employee of ABRAMSON SMITH WALDSMITH, LLP and my business address is 44 Montgomery Street, Suite 3340, San Francisco, California 94104. On the date stated below, I served a true copy of: (&) O O O O PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT BY MAIL - by placing said document(s) in an envelope addressed as shown below. I am readily familiar with my firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. Said correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. | sealed said envelope and placed it for collection and mailing on the date stated below to the addressee stated below, following the firm's ordinary business practices. BY FACSIMILE TRANSMISSION - to the individual and facsimile number set forth below. I caused the document(s) to be transmitted by facsimile machine to the addresses listed below at the facsimile number listed below. I am readily familiar with my firm's practice for transmissions by facsimile. Said transmissions are sent as soon as possible and are repeated, if necessary, until they are reported as complete and without error. In sending the above described document by facsimile, I followed the firm's ordinary business practices. BY OVERNIGHT DELIVERY - by enclosing a true and correct copy of said document(s) in a UPS envelope(s) addressed as set forth below. The envelope(s) was (were) sealed and deposited with UPS that same day in the ordinary course of business at San Francisco, California. BY MESSENGER - by handing a copy of said document(s) to Silver Bullet, for personal service by its agent to the person(s) at the address(es) set forth below. BY PERSONALLY DELIVERING the document(s) to the person(s) at the address(es) set forth below. PROOF OF SERVICENorman La Force Attorneys for Open Top Sightseeing San Law offices of Samuel G. Grader Francisco, LLC & Manuel Gomez Guardado 555 Mission St. #320 San Francisco, CA 94105 Gregory B. Mouroux Attorneys for Pacific Bell Telephone Co. AT&T Services, Inc., Legal Dept. 525 Market St. #2009 San Francisco, CA 94105 Holger Siegwart Attorneys for Intervenor Siegwart German American Law 1799 Bayshore Highway #129 Burlingame, CA 94010 Executed August 18, 2014. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Maria Dunn PROOF OF SERVICE