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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-21-2016 2:59 pm
Case Number: CGC-13-535823
Filing Date: Jul-21-2016 2:57
Filed by: EDWARD SANTOS -
Image: 05483168
CASE MANAGEMENT STATEMENT
PATRICK KELLY VS. SHANE CLARIDGE WHITE, AS EXECUTOR OF THE
THOMAS F. et al
001005483168
Instructions:
Please place this sheet on top of the document to be scanned.oO 3
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
CM-110
FOR COURT USE ONLY
NTERED
Patrick Kelly FRE os AN ELE 1
1225 Vienna Dr., SPC 973 COUNTY OF 3AN FRANCISCO
Soa Oe 16 JUL21 PM 2:58
TeLepHone no.: 415-769-9524 FAX NO. (Optional):
E-MAIL ADDRESS (Optional: Mailforpatkelly@gmail.com CLERK OF THE COURT
ATTORNEY FOR (Name): In Pro Per
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street appress: 400 McAllister Street
MAILING ADDRESS:
cry AND ZIP CODE: San Francisco, CA 94102
BRANCH NAME:
ay: DEPUAY CLERK
PLAINTIFF/PETITIONER: Patrick Kelly
DEFENDANT/RESPONDENT: Jack Eugene Teeters et al
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one): [2] UNLIMITED CASE [4 uitep case CGC-13 535823
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Aug. 17, 2016 Time: 10:30 Dept.: 610 Div.: Room:
Address of court (if different from the address above):
[1] Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [2] This statement is submitted by party (name): Plaintiff Patrick Kelly
b. [J This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): December 2, 2013
b. [1] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a (71 an parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [7] The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) [1 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. [4] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Does 1-25, real names and dates presently unknown, discovery may reveal the names of additional
parties.
4. Description of case
a. Typeofcasein [¥] complaint [[_] cross-complaint (Describe, including causes of action):
contract/warranty - quantum meruit
= _Prse tt
Forrdtoat Councl of Caltoriae® CASE MANAGEMENT STATEMENT Gal Riles of Court,
Ma
‘CM-110 (Rev. July 1, 2011] www.courts.ca.g0voO ° CM-110
PLAINTIFF/PETITIONER: Patrick Kelly CASE NUMBER:
CGC-13 535823
DEFENDANT/RESPONDENT: Jack Eugene Teeters 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.)
Original defendant Thomas White paid only $25,000 of promised $350,000 bonus. White's death rendered
claims timely and able to proceed in accordance with appeal ruling after executor rejected Plaintiff's creditor
claim. Plaintiff seeks the quantum meruit value of obtaining citizenship and a passport for White whose value
White set at $1,350,000. Plaintiff also seeks interest and other damages including punitive damages.
[1 (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 Ta jury trial Coa nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [J 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 on which parties 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. [2] days (specify number): 10
b. [_] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [_] by the attorney or party listed in the caption [__] by the following:
Attomey:
Firm:
Address:
Telephone number: f. Fax number:
E-mail address: g. Party represented:
[J Additional representation is described in Attachment 8.
9. Preference
[] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [—] has [_] 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 LZ] 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) [2] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation. under ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
eaege
(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) C2) This case is exem npt 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):
Rule 3.811 (b) 1&8
‘GaetTO(Rev.kys.20"1 GASE MANAGEMENT STATEMENT —~—~—~S~S~S*S~SOSCSCSC«. © 3°
PLAINTIFF/PETITIONER: Patrick Kelly ENOMBER:
EFENDANT/RESPONDENT: Jack Eugene Teeters et al CGC-13 535823
CM-110
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):
[1 Mediation session not yet scheduled
(1) Mediat Mediation session scheduled for (date):
ion
Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement
conference
(3) Neutral evaluation
(4) Nonbinding judicial
arbitration
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
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Binding private
arbitration
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(6) Other (specify):
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GNA1O [Rev. July 1, 2011] Page 3 of 6
CASE MANAGEMENT STATEMENT. © 0°
PLAINTIFF/PETITIONER: Patrick Kelly
‘CASE NUMBER:
CGC-13 535823
DEFENDANT/RESPONDENT: Jack Eugene Teeters et al
11, Insurance
a. [] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [70 Yes [7] No
« CI 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.
[1] 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:
[1 Additional cases are described in Attachment 13a.
b. L-JAmotionto [_] 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
[J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. [_] The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Shane White Involvement with Plaintiff during his employment 2/31/2017
Geoffrey Rotwein Involvement with Plaintiff during his employment 2/31/2017
Stuart Hanlon Involvement with Plaintiff during his employment 2/31/2017
Michel Boltagz Involvement with Plaintiff during his employment 2/31/2017
David Connell
Involvement with Plaintiff during his employment 2/31/2017
c. LZ] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Defendants have an established history of simply objecting to all Plaintiff discovery requests. Plaintiff
anticipates the necessity of multiple motions to compel answers.
(CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 4of §PLAINTIFF/PETITIONER: Patrick Kelly CASE NUMBER:
CGC-13 535823
DEFENDANT/RESPONDENT: ack Eugene Teeters et al
17. Economic litigation
a. [__] This is a limited civil case (.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
[Z) The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
1. Admissibility of email evidence. 2. Plaintiff's employment status.
19. Meet and confer
[71 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):
That discovery should take approximately 6-months to complete.
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 altemative 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: 7/18/2016
Patrick Kelly
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
[__] Additional signatures are attached.
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-21-2016 2:59 pm Case Number: CGC-13-535823 Filing Date: Jul-21-2016 2:57 Filed by: EDWARD SANTOS - Image: 05483168 CASE MANAGEMENT STATEMENT PATRICK KELLY VS. SHANE CLARIDGE WHITE, AS EXECUTOR OF THE THOMAS F. et al 001005483168 Instructions: Please place this sheet on top of the document to be scanned.oO 3 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): CM-110 FOR COURT USE ONLY NTERED Patrick Kelly FRE os AN ELE 1 1225 Vienna Dr., SPC 973 COUNTY OF 3AN FRANCISCO Soa Oe 16 JUL21 PM 2:58 TeLepHone no.: 415-769-9524 FAX NO. (Optional): E-MAIL ADDRESS (Optional: Mailforpatkelly@gmail.com CLERK OF THE COURT ATTORNEY FOR (Name): In Pro Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street appress: 400 McAllister Street MAILING ADDRESS: cry AND ZIP CODE: San Francisco, CA 94102 BRANCH NAME: ay: DEPUAY CLERK PLAINTIFF/PETITIONER: Patrick Kelly DEFENDANT/RESPONDENT: Jack Eugene Teeters et al CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): [2] UNLIMITED CASE [4 uitep case CGC-13 535823 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Aug. 17, 2016 Time: 10:30 Dept.: 610 Div.: Room: Address of court (if different from the address above): [1] Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [2] This statement is submitted by party (name): Plaintiff Patrick Kelly b. [J This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): December 2, 2013 b. [1] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a (71 an parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [7] The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [1 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. [4] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Does 1-25, real names and dates presently unknown, discovery may reveal the names of additional parties. 4. Description of case a. Typeofcasein [¥] complaint [[_] cross-complaint (Describe, including causes of action): contract/warranty - quantum meruit = _Prse tt Forrdtoat Councl of Caltoriae® CASE MANAGEMENT STATEMENT Gal Riles of Court, Ma ‘CM-110 (Rev. July 1, 2011] www.courts.ca.g0voO ° CM-110 PLAINTIFF/PETITIONER: Patrick Kelly CASE NUMBER: CGC-13 535823 DEFENDANT/RESPONDENT: Jack Eugene Teeters 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.) Original defendant Thomas White paid only $25,000 of promised $350,000 bonus. White's death rendered claims timely and able to proceed in accordance with appeal ruling after executor rejected Plaintiff's creditor claim. Plaintiff seeks the quantum meruit value of obtaining citizenship and a passport for White whose value White set at $1,350,000. Plaintiff also seeks interest and other damages including punitive damages. [1 (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 Ta jury trial Coa nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [J 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 on which parties 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. [2] days (specify number): 10 b. [_] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [_] by the attorney or party listed in the caption [__] by the following: Attomey: Firm: Address: Telephone number: f. Fax number: E-mail address: g. Party represented: [J Additional representation is described in Attachment 8. 9. Preference [] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [—] has [_] 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 LZ] 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) [2] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation. under ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. eaege (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) C2) This case is exem npt 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): Rule 3.811 (b) 1&8 ‘GaetTO(Rev.kys.20"1 GASE MANAGEMENT STATEMENT —~—~—~S~S~S*S~SOSCSCSC«. © 3° PLAINTIFF/PETITIONER: Patrick Kelly ENOMBER: EFENDANT/RESPONDENT: Jack Eugene Teeters et al CGC-13 535823 CM-110 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): [1 Mediation session not yet scheduled (1) Mediat Mediation session scheduled for (date): ion Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference (3) Neutral evaluation (4) Nonbinding judicial arbitration 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 Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Binding private arbitration ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (6) Other (specify): Cc Cc Cc Cc Cc Co oo Cc co Co Cc Co CC Cc oO CC Cc Cc Cc Co CO Cc co GNA1O [Rev. July 1, 2011] Page 3 of 6 CASE MANAGEMENT STATEMENT. © 0° PLAINTIFF/PETITIONER: Patrick Kelly ‘CASE NUMBER: CGC-13 535823 DEFENDANT/RESPONDENT: Jack Eugene Teeters et al 11, Insurance a. [] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [70 Yes [7] No « CI 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. [1] 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: [1 Additional cases are described in Attachment 13a. b. L-JAmotionto [_] 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 [J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [_] The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Shane White Involvement with Plaintiff during his employment 2/31/2017 Geoffrey Rotwein Involvement with Plaintiff during his employment 2/31/2017 Stuart Hanlon Involvement with Plaintiff during his employment 2/31/2017 Michel Boltagz Involvement with Plaintiff during his employment 2/31/2017 David Connell Involvement with Plaintiff during his employment 2/31/2017 c. LZ] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendants have an established history of simply objecting to all Plaintiff discovery requests. Plaintiff anticipates the necessity of multiple motions to compel answers. (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4of §PLAINTIFF/PETITIONER: Patrick Kelly CASE NUMBER: CGC-13 535823 DEFENDANT/RESPONDENT: ack Eugene Teeters et al 17. Economic litigation a. [__] This is a limited civil case (.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 [Z) The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 1. Admissibility of email evidence. 2. Plaintiff's employment status. 19. Meet and confer [71 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): That discovery should take approximately 6-months to complete. 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 altemative 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: 7/18/2016 Patrick Kelly (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) [__] Additional signatures are attached.