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  • Christopher Ryder vs Future Motion, Inc.(23) Unlimited Other PI / PD / WD document preview
  • Christopher Ryder vs Future Motion, Inc.(23) Unlimited Other PI / PD / WD document preview
  • Christopher Ryder vs Future Motion, Inc.(23) Unlimited Other PI / PD / WD document preview
  • Christopher Ryder vs Future Motion, Inc.(23) Unlimited Other PI / PD / WD document preview
  • Christopher Ryder vs Future Motion, Inc.(23) Unlimited Other PI / PD / WD document preview
  • Christopher Ryder vs Future Motion, Inc.(23) Unlimited Other PI / PD / WD document preview
  • Christopher Ryder vs Future Motion, Inc.(23) Unlimited Other PI / PD / WD document preview
  • Christopher Ryder vs Future Motion, Inc.(23) Unlimited Other PI / PD / WD document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Craig A. Livingston - SBN 148551; J. Jasmine Jenkins - SBN 331368 LIVINGSTON LAW FIRM 1600 South Main Street, Suite 280 Walnut Creek, CA 94596 TELEPHONE NO.:(925) 952-9880 FAX NO. (Optional): (925) 952-9881 clivingston@livingstonlawyers.com E-MAIL ADDRESS: Defendant FUTURE MOTION, INC. ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS:701 Ocean Street 701 Ocean Street MAILING ADDRESS: Santa Cruz 95060 CITY AND ZIP CODE: BRANCH NAME:Santa Cruz PLAINTIFF/PETITIONER: CHRISTOPHER S. RYDER DEFENDANT/RESPONDENT: FUTURE MOTION, INC. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 21CV01295 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 15, 2022 Time: 8:30 a.m. Dept.: 5 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): J. Jasmine Jenkin INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Defendant Future Motion, Inc. 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): 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) 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. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Personal injury action alleging product liability and negligence claims as well as violations of Bus. & Pro. Code sec. 17200 and Civil Code sec. 1750 related to a Onewheel XR designed and manufactured by Future Motion, Inc. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: CHRISTOPHER S. RYDER CASE NUMBER: DEFENDANT/RESPONDENT: FUTURE MOTION, INC. 21CV01295 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.) Plaintiff, a Texas resident, brings this personal injury and product liability action to recover damages for injuries sustained when he allegedly fell while riding defendant Future Motion's OneWheel XR motorized skateboard on May 25, 2019, in Benbrook, Texas. Plaintiff is seeking general and special as well as punitive damages. Defendant denies any and all liability. (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 triaI 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. (if 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 2023:1/17-3/3; 3/20/-3/24; 4/10-4/28 (Trial); 4/27-5/3 (Vac.); 5/1-05/12 (Trial); 6/30-7/10 (Vac.); 7/3-7/27 (Trial); 8/1-8/31 (Vac.); 9/5-9/29; 10/2-10/12; 10/30-11/16; 12/1-12/22 (Trial). 2024:1/30-2/6; 3/4-3/14; 9/23-10/1 (Trial). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 7-10 days 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: a. Attorney: Pablo Orozco b. Firm: Nilan Johnson Lewis PA c. Address: 250 Marquette Avenue South, Suite 800, Minneapolis, MN 55401 d. Telephone number: (612) 305-7500 f. Fax number: (612) 305-7501 e. E-mail address: porozco@nilanjohnson.com g. Party represented: Defendant Future Motion, Inc. 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1)For parties represented by counsel: Counsel has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CHRISTOPHER S. RYDER CASE NUMBER: DEFENDANT/RESPONDENT: FUTURE MOTION, INC. 21CV01295 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 (2) Settlement Settlement conference scheduled for (date): 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 (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 (5) 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): ADR completed on (date): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CHRISTOPHER S. RYDER CASE NUMBER: DEFENDANT/RESPONDENT: FUTURE MOTION, INC. 21CV01295 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): RKH Specialty 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 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 wiII 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 (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial Defendant intends to file a motion for summary judgment. 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 Defendant Future Motion, Inc. Written Discovery 03/31/2023 Defendant Future Motion, Inc. Witness and Party Depositions 04/30/2023 Defendant Future Motion, Inc. IME 05/31/2023 Defendant Future Motion, Inc. Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): A motion for a protective order pertaining to confidentiality may be necessary. CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CHRISTOPHER S. RYDER CASE NUMBER: DEFENDANT/RESPONDENT: FUTURE MOTION, INC. 21CV01295 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): 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): 0 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: October 27, 2022 Craig A. Livingston (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 I, the undersigned, hereby declare that I am over the age of eighteen years and not a party to the within action. I am readily familiar with this firm’s business practice for collection 3 and processing of documents for mailing with the U.S. Postal Service. My business address is 4 1600 South Main Street, Suite 280, Walnut Creek, California 94596. On the date set forth below, I served the following document(s): 5 CASE MANAGEMENT STATEMENT 6 upon the following at the address(es) stated below: 7 8 Timothy F. Pearce, Esq. Pablo Orozco, Esq. Stuart B. Lewis, Esq. John J. Wackman, Esq. 9 PEARCE LEWIS LLP David J. Warden, Esq. 423 Washington Street, Suite 510 NILAN JOHNSON LEWIS P.A. 10 San Francisco, CA 94111 250 Marquette Avenue South, Suite 800 Tel: (415) 964-5225 Minneapolis, MN 55401 11 Fax: (415) 830-9879 Tel: (612) 305-7500 Email: PLOnewheel@pearcelewis.com Fax: (612) 305-7501 12 Email: fmservice@nilanjohnson.com Aaron M. Heckaman Co-Counsel for Defendant Future Motion, Inc 13 Robert W. Cowan 14 BAILEY COWAN HECKAMAN PLLC 1360 Post Oak Boulevard, Suite 2300 15 Houston, TX 77056 Tel: (713) 425-7100 16 Fax: (713) 425-7101 Email: Onewheel@bchlaw.com 17 18 Attorneys for Plaintiff Christopher S. Ryder 19 Service was accomplished as follows: 20 ____ X BY ELECTRONIC TRANSMISSION: Pursuant to Code of Civil Procedure section 1010.6, I caused the documents to be electronically sent to the persons listed above. 21 Before first serving electronically, I confirmed through prior email communications the 22 appropriate electronic service address for counsel being served. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that 23 the transmission was unsuccessful. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct, and that this declaration was executed on October 27, 2022, at Walnut Creek, California. 26 ____________________________ 27 Christine P. Williams 28 Ryder v. Future Motion, Inc., et al., Case No. 21CV01295 Proof of Service