Legal Document: MCLAUGHLIN ET AL VS THOMSON INTERNATIONAL INCORPORATED, A CALIFORNIA CORPORATION

On June 09, 2022 a 2022.11.29 Def. Thomson International's CMC Stm was filed involving a dispute between Alyssa Hess, Philip Mclaughlin, and Thomson International Inc, in the District Court of Kern County.

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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

Robert L. Sallander Jr., SBN 118352/Helen Chen, SBN 213150
Greenan, Peffer, Sallander & Lally LLP
2000 Crow Canyon Place Suite 380
San Ramon, CA 94583
(925) 866-1000
TELEPHONE NO.:
(925) 830-8787
FAX NO. (Optional):

E-MAIL ADDRESS (Optional): hchen@gpsllp.com

ATTORNEY FOR (Name): Thomson International, Inc., Plaintiff

SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Avenue

MAILING ADDRESS:

Bakersfield 93301
CITY AND ZIP CODE:

BRANCH NAME:Metro Justice Building
PLAINTIFF/PETITIONER: Philip McLaughlin and Alyssa Hess
DEFENDANT/RESPONDENT: Thomson International, Inc., et al.

CASE MANAGEMENT STATEMENT CASE NUMBER:

(Check one): X UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000 BCV-22-101437
exceeds $25,000) or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 14, 2022 Time: 8:15 a.m. Dept.: J Div.: Room: Dept. 17
Address of court (if different from the address above):

X Notice of Intent to Appear by Telephone, by (name): Helen Chen
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): Thomson International, 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 X complaint cross-complaint (Describe, including causes of action):
This is a product liability case in which the plaintiffs allege they consumed defendant's onions, felt ill, tested
postive for Salmonella Newport, and sustained damages as a result. The complaint contains causes of action for
strict liability, breach of implied warranty, and negligence per se.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov

LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: Philip McLaughlin and Alyssa Hess CASE NUMBER:

DEFENDANT/RESPONDENT: Thomson International, Inc., et al. BCV-22-101437
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.)
Defendant contends that there is no evidence that onions farmed by defendant were contaminated with any bacteria,
including Salmonella Newport, at the time the produce left defendant's custody and control, and that if any such
produce was so contaminated that such contamination was caused by others and did not occur until after defendant
relinquished custody and control. Defendant further contends that plaintiff is not entitled to any award of damages.
(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 X 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. X 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): Due to the COVID-19 pandemic, it is taking much longer to obtain public health agency records. It is also
taking much longer to obtain subpoenaed records.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
PLEASE SEE ATTACHEMENT 6c.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. X days (specify number): 15 - 20
b. hours (short causes) (specify):

8. Trial representation (to be answered for each party)
The party or parties will be represented at trial X 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 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 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. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Philip McLaughlin and Alyssa Hess
DEFENDANT/RESPONDENT: BCV-22-101437
Thomson International, Inc., 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):

X Mediation session not yet scheduled

X
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):

Mediation completed on (date):

X Settlement conference not yet scheduled

(2) Settlement X
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. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT

LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: Philip McLaughlin and Alyssa Hess CASE NUMBER:

BCV-22-101437
DEFENDANT/RESPONDENT: Thomson International, Inc., et al.
11. Insurance
a. X Insurance carrier, if any, for party filing this statement (name): Zenith
b. Reservation of rights: X 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. X There are companion, underlying, or related cases.
(1) Name of case: Menja Hanley v. Thomson International, Inc.
(2) Name of court: Kern County Superior Court
(3) Case number: BVC-20-103027
(4) Status: Pending
X Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):

14. Bifurcation
X 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):
Considering the significant differences in plaintiffs' alleged exposures to onions and sources of Salmonella, and material differences in their
medical treatment and diagnoses, defendant intends to seek separate trials for each plaintiff on the issue of liability, causation and damages.

15. Other motions
X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant will likely file a motion for summary judgment or summary adjudication of issues but needs
to complete discovery before doing so.
16. Discovery
a. The party or parties have completed all discovery.
b. X The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Written Discovery TBD
Defendant Depositions TBD

c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):

CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: Philip McLaughlin and Alyssa Hess CASE NUMBER:

BCV-22-101437
DEFENDANT/RESPONDENT: Thomson International, Inc., 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. X 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): 3
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: November 29, 2022

Robert L. Sallander, Jr./Helen Chen
(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. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
PHILIP MCLAUGHLIN AND ALYSSA HESS V. THOMSON INTERNATIONAL, INC.
CASE MANAGEMENT STATEMENT

ATTACHMENT 6c.

Dates on which parties or attorneys will not be available for trial.
01.20.23
01.23.23
03.24.23
12.19.23
02.17.23
02.27.23
03.03.23
04.03.23
05.01.23
06.09.23
06.14.23
07.24.23
08.04.23
08.07.23
08.14.23
10.03.23
10.17.23
10.31.23
11.14.23
11.28.23
02.05.24
02.20.24
03.26.24
05.07.24
07.23.24
09.17.24
PHILLIP MCLAUGHLIN AND ALYSSA HESS v. THOMSON INTERNATIONAL, INC.
Case Management Statement

ATTCHMENT 13a

The following cases in which damages are sought allegedly arising from contaminated
onions are presently pending against Thomson International, Inc.

Name of Case: Anthony Reid, et al. v. Thomson International, Inc.
Name of Court: Kern County Superior Court
Case Number: BCV-22-101518

Name of Case: Ashleigh Angelo v. Thomson International, Inc.
Name of Court: U.S. District Court, Eastern District of California
Case Number: 1:21-cv-01609-JLT-CDB

Name of Case: Demarquez Austin v. Thomson International, Inc.
Name of Court: U.S. District Court, Eastern District of California
Case Number: 1:22-CV-00388- JLT-CDB

Name of Case: Susan Garofalo v. Thomson International, Inc.
Name of Court: U.S. District Court, Eastern District of California
Case Number: 1:22-cv-00037-JLT-CDB

Name of Case: Howard Jackson v. Thomson International, Inc.
Name of Court: U.S. District Court, Eastern District of California
Case Number: 1:22-cv-00038-JLT-CDB

Name of Case: KOR Services, LLC v. Thomson International, Inc.
Name of Court: U.S. District Court, Central District of California
Case Number: 2:21-cv-03695-SSS-PD

Name of Case: Robert Paquette, et al. v. Thomson International, Inc.
Name of Court: U.S. District Court, Eastern District of California
Case Number: 1:22-cv-00034-JLT-CDB

Name of Case: Anntonette Sartori v. Thomson International, Inc.
Name of Court: U.S. District Court, Eastern District of California
Case Number: 1:22-cv-00027-JLT-CDB
Name of Case: Keith Robert Willis, et al. v. Thomson International, Inc.
Name of Court: San Diego County Superior Court
Case Number: 37-2020-00027164-CV-PL-CTL

Name of Case: Ann Sams v. Thomson International, Inc.
Name of Court: U.S. District Court, Eastern District of California
Case Number: 1:22-cv-00387-JLT-CDB

Name of Case: Matthew Peterson, et al. v. Thomson International, Inc.
Name of Court: U.S. District Court, Eastern District of California
Case Number: 1:22-cv-00701-JLT-CDB
1 PROOF OF SERVICE
2 I, Simone Stampfer, hereby declare:
3 I am employed in the County of Contra Costa, State of California in the office of a
4 member of the bar of this court at whose direction the following service was made. I am over the
5 age of 18 and not a party to the within action. My business address is: Greenan, Peffer, Sallander
6 & Lally, LLP, 2000 Crow Canyon Place, Suite 380, San Ramon, California 94583.
7 I am personally and readily familiar with the business practice of Greenan, Peffer,
8 Sallander & Lally, LLP, for collection and processing of correspondence for mailing with the
9 United States Postal Service, pursuant to which mail placed for collection at designated stations
10 in the ordinary course of business is deposited the same day, postage prepaid, with the United
11 States Postal Service.
12 On this date, I served:
13 CASE MANAGEMENT STATEMENT OF DEFENDANT THOMSON
14 INTERNATIONAL, INC.

15  (BY MAIL) By placing a true copy thereof enclosed in a sealed envelope for collection
and processing in accordance with the above-described business practice.
16
 (BY FEDERAL EXPRESS) I handed to a Federal Express representative at the offices
17 of Greenan, Peffer, Sallander & Lally, LLP, on this date an envelope(s) or package(s) by this
overnight delivery carrier and addressed as listed on the attached service list.
18
 (BY ELECTRONIC SERVICE): I caused such document(s) to be transmitted
19 electronically to the party(ies), at the electronic mailing address(es) indicated in the attached
service list on at . Said transmission was reported as complete and without error.
20
 BY PERSONAL SERVICE: I delivered said documents by hand on this date to the
21 addressee(s) listed below.

22 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
23
Executed November 29, 2022 at San Ramon, California.
24

25
Simone Stampfer
26

28
1
PROOF OF SERVICE BCV-22-101437
1 PHILIP MCLAUGHLIN AND ALYSSA HESS v. THOMSON INTERNATIONAL,

2 INCORPORATED, et al.

3
Superior Court of the State of California for the County of Kern
4 Case No. BCV-22-101437
5
SERVICE LIST
6
Eric R. Gruber, Esq. Attorneys for Plaintiffs
7 GRUBER LAW GROUP
3626 Fair Oaks Boulevard, Suite 100 PHILIP MCLAUGHLIN AND
8 Sacramento, California 95864 ALYSSA HESS

9 Email: eric@gruberlawgroup.com
Telephone: 415.868.5297
10 Facsimile: 415.325.5905

12 Ryan Osterholm, Esq. (pro hac vice forthcoming) Attorneys for Plaintiffs
Lindsay Lien Rinholen, Esq. (pro hac vice forthcoming)
13 OFT FOOD SAFETY LAW PLLC PHILIP MCLAUGHLIN AND
730 Second Avenue South, Suite 810 ALYSSA HESS
14 Minneapolis, MN 55402
15 Email: ryan@oftlaw.com
Lindsay@oftlaw.com
16 Telephone: 612.268.5524
Facsimile: 888.239.0559
17

28
2
PROOF OF SERVICE BCV-22-101437

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Document Filed Date

November 29, 2022

Case Filing Date

June 09, 2022

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