Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, and address):
State Bar number, FOR COURT USE ONLY
George P. Rodarakis, SBN 222214 Kathryn L. Greene, SBN 294727 E-FILED
Rodarakis & Sousa, APC
100 Sycamore Ave, Suite 10, Modesto, CA 95354 9/24/2018 10:30 AM
TELEPHONE No;(209)554-5232 FAX No. (209)544-‘i
(Opmnar): 085 FRESNO COUNTY SUPERIOR COURT
E—MAILADDRESS(Optional):
AWORNEY FOR (Name):
PlaintiffStephen W. Sloan By: K Reeves, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Fresno
STREETADDRESS: 1130 0 Street
MAILING ADDRESS:
CWY AND ZIP CODEFresno, CA 93724
BRANCH NAME:
PLAINTIFF/PETITIONER: Stephen w. Sloan
DEFENDANT/RESPONDENT: Panoche Water District
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one).- UNLIMITED cASE
(Amount demanded
E LIMITED CASE
(Amount demanded is$25,000
1BCECG00511
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: Ociober 9, 2018 Time: 11:00 a.m. Dept; Div.: Room: 305
Address of court (if from the address above):
different
Notlce of Intent to Appear by TelephonE. by (name): George P. Rodarakis, Kathryn L. Greene
INSTRUCTIONS: All appllcable boxes must be checked, and the speclfled Information must be provided.
1. Party or parties (answer one):
a.
b. E This statement
This statement
is
is
submitted by party (name): Stephen W. Sloan
submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintifis and cross-complainants only)
The complaint was filed on (date):
a.
b. E The cross—complaint. any,
if
February 8, 2018
was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
named
a.
b. E All parties
E
The following
(1)
inthe complaint and cross-complaint have
partiesnamed in
been sewed, have appeared. or have been dismissed.
the complaint or cross-complaint
have not been sewed (specifil names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. I_J The following add itional
parties may be added (specify names, nature of involvement In case, and date by which
they may be served):
4. Description of ca§e
3- TYPE 0f case "1 ._|'/ complaint E cross-complaint (Describe. including
Breach of Contract 2) Anticipatory Breach of Contract 3) Breach of Implied
causes of action):
1) Covenant of Good Faith and Fair
Dealing
Pwe 1 of 5
F
FEM;
Ad z dfoM d toU
gamer" $331,031,339 CASE MANAGEMENT STATEMENT . f
Cfllggfkmg
CM-1 10 [Rev. July 1. 201 1]
www.caurtsxagov
CM-1 10
CASE NUMBER
PLAINTIFFIPETITIONER: Stephen W. Sloan
1BCECG00511
DEFENDANTIRESPONDENT: Panache Water District
4. b. Provide a brief statement of the case, including any damages. (prersonal 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 breached itsagreements to purchase water from Plaintiff.
E (ifmore space isneeded, check thisbox and attach a page designated as Attachment 4b.)
5. Jury or nonjury
The
trlal
party or parties request
requesting a jurytrial):
E a jury trialE a nonjury trial. (Ifmore than one party, provide the name of each pafly
6.
a.
b.
E
Trial
E
date
The
No
has been set for
trial
date has been
trial
(date):
set.This case willbe ready for trial
within 12months 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):
October 8:Tria| Setting Conf., Nov. 12-21:Arbitration, Dec. 10-1 4: Trial, Jan. 29 Trial Setting Conf., March 4 :
Mandatory Settlement Conf., March 19-25: Trial
7. Estimated length of trial
The
a.
b.
m
party or parties estimate that the
E days (specify number): 3'5
hours (short causes) (specify):
take (check one):
trial will
8. Trial representation (to
The
a.
party or parties
Attorney:
willbe represented attrial m
be answered for each perm
by the attorney or party the caption
Ilsted In E by the following:
b. Firm:
c. Address:
d. Telephone numben f. Fax number:
e. E-mail address: g. Party represented:
Additional representationisdescribed inAttachment 8.
9.
10.
E
Preference
This case preference (specify code section):
is entitled to
Alternative dlspute 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 1he court under mle 3.221 for information about the processes available through the
court
(1)
and community programs in thlscase.
For parties represented by counsel: Counsel
in rule3.221 to the client and reviewed
has E has not
ADR options with the client.
provided theADR information package identified
(2) For seIf-represented parties: PartyE has E has not reviewed the ADR information package Identified in rule3.221.
b.
(1) E
Referral to judicial arbitration or
This matter
sta u ory
is
under
metditatior:
imit.
civilaction mediation available).
(if
sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action
ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
(2) E Civil
case to judicial
Plaintiff elects to refer this
Procedure section 1141 .1 1.
arbitrationand agrees amount
to limit recovery to the specified inCode of
(3) E This case is exempt from judicial arbitrafion under rule 3.811of the California Rules of Courlor from
mediation under Code of Civil Procedure section 1775 e1 seq. (specify exemption):
action
civil
CM—W IRev-Ju'v
1-2°11]
CASE MANAGEMENT STATEMENT "mm
CM-1 1 0
PLAINTIFF/PETITIONER: CASE NUMBER:
_ Stephen w_ Sloan
DEFENDANT/RESPONDENT:
180ECG00511
panache water District
10. c. Indicate theADR 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 Ifthe party or parties completing this form in me case have agreed to
thisform are willing to have already completed an ADR process or processes.
participate in or
participate in the following ADR indicate the siatus of the processes (attach a copy of the parties' ADR
processes (check ail that appiy): stipulation):
Mediation session not yet scheduled
(1 )
. .
Mediation - DUDE
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
conference
m DUDE
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3 )N eutra
Ieva uafion
I
E DUDE
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
(4) Nonbinding
arbitration
judicial E DUDE
Agreed to
scheduled
Judicial arbitration
complete judicial
for (date):
arbitrationby (date):
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
(5) Binding private
arbitration
E DUDE
Private arbitration scheduled for (date):
Agreed to complete private by (date):
arbitration
Private arbitration completedon (date):
ADR session not yet scheduled
(6) Other (specify):
E DUDE
ADR session scheduied for (date):
Agreed to complete ADR sesslon by (date):
ADR completed on (date):
CM-11D[Rev..|u|y1. 2011] Page3d5
CASE MANAGEMENT STATEMENT
CMflJn
“SENUMBER:
PLAINTIFF/PETITIONER: Stephen W. Sloan
_ , 1BCECGOO511
DEFENDANT/RESPONDENT: Panoche Water Dlstnct
11.
a. E
Insurance
Insurance carrier,
E
if
E
any, for party filing this statement (name):
b.
c. E
Reservation of rights:
Coverage issues will
Yes No
significantly affect resolution of this case (explain):
12. Jurisdiction
E
Indicate
Bankruptcy D
any matters that may case and describe the status.
affect the court's jurisdiction or processing of this
Other (specify):
Status:
13.
a_ E
Related cases, consolidatlon, and coordinatlon
There are companion, underiying, or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4) Status:
b.
E
E
Additional cases are described
A motion to E
in
consolidate
Attachment 13a.
E coordinate willbe filed by (name party):
E
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):
Other motions
15.
E The party or parties expect to file the following motions before
trial(specifymoving party, type ofmofian, and issues):
16.
a.
b.
E
Dlscovery
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe anticipated discovery):
all
Part1 Descrigtion Date
Plaintiff Written Discovery Per Code
Plaintiff Depositions Per Code
c. The following discovery issues, inciuding issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-1 10 [Rev‘
July
1.201 1]
CASE MANAGEMENT STATEMENT Pwo‘ofi
CM-1 10
pLAlNTIFF/PETITIONER: Stephen W. Sloan “SE "UMBER
-— 1SCECGOOSH
DEFENDANT/RESPONDENT: PanOChe Water DiStriGt
17.
a. E
Economic lltlgation
This isa limitedcivilcase the amount
(i.e.,
of Civil Procedure sections 90-98
demanded is$25,000 or less) and the economic
apply to this case.
procedures
litigation in Code
b, E will
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 tria!
should not apply to this case):
18.
E
Other issues
The party or parties request that the following additional matters be oonsldered or determined at the case management
conference (speciflr):
Pursuant to the parties September 6. 2018 stipulation, PlaintiffsFirst Amended Complaint will be filed 10 days
after the final installment of Defendant's document
initial production.
19.
a. E
Meet and confer
The party or parties have met and conferred
of Court not, explain):
(if
with allpartieson allsubjects required by rule 3.724 of the California Rules
b. Afler meeting and conferring as requiredby rule3.724 of the California Rules of Court. the parties agree on the following
(specify):
20. Total number of pages attached any):
(if
|am completely familiar with this case and willbe 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 fime of
the case management conference, including the written authority of the party where required.
Date: 9/24/2018
Kathryn L. Greene
0R PRINT NAME)
(TYPE
D
OR PRINT NAME)
(TYPE
E OR ATI'O RN EY)
(SIGNATURE OF PARTY
Additional signatures are attached.
W10 rRev-Ju'w-zmu CASE MANAGEMENT STATEMENT mom
PROOF OF SERVICE
Iam a citizen ofthe United States and am employed in Stanislaus County. I am over the age of
eighteen (1 8) years and not a party to this acu'on; my business address is 100 Sycamore Avenue, Suite
101, Modesto, CA 95354.
On the date set forth below, I served the following documents: CASE MANAGEMENT
STATEMENT, by placing a true copy thercof enclosed in a sealed envelope and served in the
manner and/or manners described below to each 0fthc parties herein and addressed as follows:
©WVQM¥WNH
SEE ATTACHED MAILING LIST
X BY MAIL: I caused such envelope(s) to be deposited in the mail at my business address,
addresscd to the addressee(s) designated. I am readily familiar with RODARAKIS & SOUSA,
APC practices for collection and processing of correspondence and pleadings for mailing. It is
deposited with the United States Postal Service on that same day in the ordinary course of
business.
BY HAND DELIVERY: Icaused such envelope(s) to be delivered by hand to the
addressce(s) desiglated.
BY OVERNIGHT COURIER SERVICE: Icaused such envelope(s) to be delivered via
ovemight courier service to the addressee(s) designated.
BY FACSIMILE: I caused said document to be transmitted to the telephone number(s) of the
addressee(s) desigmted.
I declare under penalty ofpeljury under the laws ofthe State of California that the foregoing is
true and correct.
Executed at Modesto, California, on S r 24, 2018,
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2
CASE MANAGEMENT STATEMENT
MAILING LIST
Benjamin T. Nicholson
Gregory S. Mason
Vanessa M. Cohn
McComlick, Barstow, Sheppard
Wayte & Carruth LLP
7647 North Fresno Street
Fresno, CA 93720
\OOOQQMAUJN—a
Telephone: (559) 433-1300
Facsimile: (559) 433-2300
Marshall C. Whitney
Whitney, Thompson & Jeffcoach LLP
8050 N. Palm Avenue, Suite 110
Fresno, CA 93711
Telephone: (559) 753-2550
Facsimile: (559) 753-2560
NNNNNNNNNHHt—IHHHHp—Iflp—t
WQQMhWNHOWWNQMLWNh—IO
3
CASE MANAGEMENT STATEMENT