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  • STEAMWORKS MANAGEMENT, LLC VS. GREAT WORKS, INC. ET AL BUSINESS TORT document preview
  • STEAMWORKS MANAGEMENT, LLC VS. GREAT WORKS, INC. ET AL BUSINESS TORT document preview
  • STEAMWORKS MANAGEMENT, LLC VS. GREAT WORKS, INC. ET AL BUSINESS TORT document preview
  • STEAMWORKS MANAGEMENT, LLC VS. GREAT WORKS, INC. ET AL BUSINESS TORT document preview
  • STEAMWORKS MANAGEMENT, LLC VS. GREAT WORKS, INC. ET AL BUSINESS TORT document preview
  • STEAMWORKS MANAGEMENT, LLC VS. GREAT WORKS, INC. ET AL BUSINESS TORT document preview
  • STEAMWORKS MANAGEMENT, LLC VS. GREAT WORKS, INC. ET AL BUSINESS TORT document preview
  • STEAMWORKS MANAGEMENT, LLC VS. GREAT WORKS, INC. ET AL BUSINESS TORT document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Matthew J. Gluck (221571) - Justin L. Sowa (305002) GLUCK DANIEL ATKINSON LLP 201 Mission Street, Suite 1330 San Francisco, CA 94105 TELEPHONE NO.: 415-510-2114 FAX NO. (Optional): 415-510-2208 ELECTRONICALLY E-MAIL ADDRESS: litigation@gluckdaniel.com FILED ATTORNEY FOR (Name): Def/X-Complainant EARL G. "RICK" STOKES Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street 08/11/2022 MAILING ADDRESS: Clerk of the Court CITY AND ZIP CODE: San Francisco, CA 94102 BY: KAREN VALDES Deputy Clerk BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: ROSS H. MOORE on behalf of STEAMWORKS DEFENDANT/RESPONDENT: GREAT WORKS, INC., ET AL. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ✖ UNLIMITED CASE LIMITED CASE CGC-18-568669 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 31, 2022 Time: 10:30 am Dept.: 610 Div.: Civil Room: Address of court (if different from the address above): ✖ Notice of Intent to Appear by Telephone, by (name): Justin L. Sowa 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): EARL G. "RICK" STOKES 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): September 25, 2018 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): Dispute among owners of related business entities. Mr. Stokes alleges that Mr. Moore has breached fiduciary duties owed to him, and that cross-defendants invaded his privacy and violated P.C. 528.5 Page 1 of 5 Cal. Rules of Court, Form Adopted for Mandatory Use 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: ROSS H. MOORE on behalf of STEAMWORKS CASE NUMBER: DEFENDANT/RESPONDENT: GREAT WORKS, INC., ET AL. CGC-18-568669 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.) Stokes and Moore were co-owners and members of Steamworks Management, LLC. Disputes have arisen regarding past conduct and the operations of Steamworks and related businesses. (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. ✖ 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): 2022: October 10-14 Arbitration; 2023 Trials: February 6-9; March 3-8; March 6-8; June 5-9. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ✖ days (specify number): 3-5. 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: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 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: ROSS H. MOORE on behalf of STEAMWORKS CASE NUMBER: DEFENDANT/RESPONDENT: GREAT WORKS, INC., ET AL. CGC-18-568669 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: ROSS H. MOORE on behalf of STEAMWORKS CASE NUMBER: DEFENDANT/RESPONDENT: GREAT WORKS, INC., ET AL. CGC-18-568669 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination 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 ✖ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery motions as deemed necessary, motions in limine. 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 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ROSS H. MOORE on behalf of STEAMWORKS CASE NUMBER: DEFENDANT/RESPONDENT: GREAT WORKS, INC., ET AL. CGC-18-568669 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): Mr. Stokes recently passed away. The parties are engaged in discussions regarding what interest his estate has in this matter and who is best positioned to represent it. We understand the parties have requested a stay to resolve these and other matters and join in that request. 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): 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: August 11, 2022 Justin L. Sowa (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 For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form PROOF OF SERVICE 1 2 I, Brenda Martinez-Eby, declare as follows: I am a citizen of the United States, over the age of eighteen years and not a party to the within entitled action. My business address is Gluck Daniel Atkinson 3 LLP, 201 Mission Street, Suite 1330, San Francisco, California 94105. I served the attached paper identified below on the interested parties in said action, by placing a true copy thereof in sealed envelope(s) 4 addressed as indicated and served the named document in the manner indicated below. 5 CASE MANAGEMENT STATEMENT 6 Service upon: 7 Jamie C. Couche, Esq. Mark Epstein, Esq. 8 ANDERSON & POOLE, P.C. SEILER EPSTEIN LLP 601 California St Ste 1300 275 Battery Street, Ste. 1600 9 San Francisco, CA 94108 San Francisco, CA 94111 jcouche@adplaw.com mwe@sezalaw.com 10 Attorneys for Defendant and Cross-Claimant Attorneys for Defendant and Cross- 11 GREAT WORKS INC. Claimant LAURENCE HICKEY 12 Charles J. Wisch, Esq. 425 California St Ste 2000 13 San Francisco, CA 94104-2205 cjwisch@wischlaw.com 14 Attorneys for Plaintiff and Cross-Defendant 15 ROSS H. MOORE 16 BY MAIL: I caused true and correct copies of the above document(s) to be served by mail on the above date by personally placing and sealing said document(s) in an envelope or package suitable for mailing, 17 addressed to the addressee(s) and including this firm's return address, and then, following ordinary office practice, placing said sealed envelope in the office's usual location for collection and mailing with the United 18 BY EMAIL: I caused true and correct copies of the above document(s) to be sent via email to the addressee(s) on this date. I did not receive a notice indicating delivery failure. 19 BY E-SERVICE: I caused true and correct copies of the above document(s) to be sent via electronic 20 transmission through the Court’s E-service vendor in conformity with San Francisco Superior Court Local Rule 2.10. 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. Executed August 11, 2022, at San Francisco, California. 23 24 Brenda Martinez-Eby 25 26 27 28 PROOF OF SERVICE