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  • John Boudreau vs. Primeritus Financial Services Inc Unlimited Civil document preview
  • John Boudreau vs. Primeritus Financial Services Inc Unlimited Civil document preview
  • John Boudreau vs. Primeritus Financial Services Inc Unlimited Civil document preview
  • John Boudreau vs. Primeritus Financial Services Inc Unlimited Civil document preview
  • John Boudreau vs. Primeritus Financial Services Inc Unlimited Civil document preview
  • John Boudreau vs. Primeritus Financial Services Inc Unlimited Civil document preview
  • John Boudreau vs. Primeritus Financial Services Inc Unlimited Civil document preview
  • John Boudreau vs. Primeritus Financial Services Inc Unlimited Civil document preview
						
                                

Preview

~~ ~ CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Alejandro P. Gutierrez SBN 107688 Hathaway, Perrett, Webster, et al. 5450 Telegraph Road, Suite 200 Ventura, California 93003 tevepHoneno: (805) 644-7111 FaxNo.(Optionay: (805) 644-8296 E-MAIL ADDRESS (Optionay: AGULierrez@hathawaylawfirm.com ATTORNEY FOR (Name): Plaintiff & Proposed Class SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento streetaopress 720 9th Street MAILING ADDRESS: ciryanozipcoos: Sacramento, CA 95814 srancHname: Civil -Downtown PLAINTIFF/PETITIONER: John Boudreau NDORSED (EILEDE AUG 14 2019 7 R, San Mi By: Deputy Clerk DEFENDANT/RESPONDENT: Primeritus Financial Services, ¢€ CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): [{] UNLIMITED CASE C) timitep CASE 34-2018-00247272 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: “| Date: 8-23-19 Time: 9:00 a.m _ Dept.: Div.: Room: Address of court (if different from the address above): [KX] Notice of Intent to Appear by Telephone, by (name): Alejandro P. Gutierrez 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): Plaintiff, John Boudreau b. oO 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); 12-27-18 b. (2) 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. [2] The following parties named in the complaint or cross-complaint (1) (2) 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) (2) have had a default entered against them (specify names): c. [CL] The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in ) compiaint CI cross-complaint (Describe, including causes of action): Failure to: pay minimum wage, to authorize and permist rest periods, to providem meal periods & pay meal premiums, to provide accurate itemized wages statements & Violation Unfair Competition Law Business & Professions Code sect 17200 Page 10f5 Form Adopted for Mandatory Use CEB! Essential CASE MANAGEMENT STATEMENT Oo eq euettotren vay 20m) ED EiForms: worw.cours.ca. gov Ke \ Boudreau, John [S/he s/s xv €~ ~ PLAINTIFF/PETITIONER:John Boudreau CASE NUMBER: 34-2018-00247272 CM-110 DEFENDANT/RESPONDENT: Primeritus Financial Services, 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff filed a complaint for failure to: minimum wages, to authorize & permit rest periods, to provide meal periods & pay meal premiums, to provide accurate wage statements; and Violation of unfair competition law B&P cide sec. 17200,LC sects. 226, 226.7, and 226.2. (CQ (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 [QQ ajurytrial [CQ anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. (C) 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): November and December 2019; January - July 2020 - scheduled arbitrations 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [&) days (specify number): 7-10 b. OO 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 (QD by the following: a. Attorney; Dan Palay, Brian Hefelfinger b. Firm: Palay Hefelfinger c. Address: 1746 S. Victoria Ave, #230, Ventura, CA 93003 d. Telephone number: 805-628-8220 f. Faxnumber: 805-765-8600 e. E-mail address: djp@calemploymentcounsel.com g. Party represented: () Additional representation is described in Attachment 8. 9. Preference (CC) 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 [XJhas [CJ 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 [2Jhas [C) has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [CJ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) (CQ) 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] CASE MANAGEMENT STATEMENT Pega 201 CEB’ Essential cebcom {=)Forms™ Boudreau, John~ oO CM-110 PLAINTIFF/PETITIONER: John Boudreau CASE NUMBER: 34-2018-00247272 DEFENDANT/RESPONDENT: Primeritus Financial Services, 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): [) Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation @ (C) Agreed to complete mediation by (date): C2 Mediation completed on (date): [&) Settlement conference not yet scheduled (2) Settlement w (CC) Settlement conference scheduled for (date): conference () Agreed to complete settlement conference by (date): (CC) Settlement conference completed on (date): (CC) Neutral evaluation not yet scheduled (3) Neutral evaluation aQ (C) Neutral evaluation scheduled for (date): (C) Agreed to complete neutral evaluation by (date): (CC) Neutral evaluation completed on (date): (2 Judicial arbitration not yet scheduled (4) Nonbinding judicial oO (C) Judicial arbitration scheduled for (date): arbitration (2 Agreed to complete judicial arbitration by (date): (C) Judicial arbitration completed on (date): (CC) Private arbitration not yet scheduled (5) Binding private oO (CC) Private arbitration scheduled for (date): arbitration (2) Agreed to complete private arbitration by (date): oO Private arbitration completed on (date): (J ADR session not yet scheduled (6) Other (specify): oO (CV ADR session scheduled for (date): (2) Agreed to complete ADR session by (date): (DV ADR completed on (date): (CM-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page Sof CEB’ Essential cebcom [2] Forms: Boudreau, John~ oO CM-110 PLAINTIFF/PETITIONER: JOhn Boudreau CASE NUMBER: 34-2018-00247272 DEFENDANT/RESPONDENT: Primeritus Financial Services, et al. 11. Insurance a. (2) Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [J Yes [J No c. [2] 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. (CQ Bankruptcy [2] 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: C) Additional cases are described in Attachment 13a. b. Co) Amotionto [J consolidate [2] coordinate will be filed by (name party): 14. Bifurcation (CD 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): motion for summary judgment 16. Discovery a. [C) The party or parties have completed all discovery. b. [J The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written discovery per CCP Plaintiff Production of Documents per CCP Plaintiffs Depositions Per CCP c. [C) The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CEB’ Essential cebcom {2)Forms Boudreau, Johnoe ~ CM-110 PLAINTIFF/PETITIONER: John Boudreau ‘CASE NUMBER: 34-2018-00247272 DEFENDANT/RESPONDENT: Primeritus Financial Services, et al. 17. Economic litigation a. (2) Thisis a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [(C) This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues (CD The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19, Meet and confer a. [&] The party or parties have met and conferred with all parties on all subjects required by tule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): §$———_______ | 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: 8-13-19 fou Lo Alejandro P. Gutierrez » ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF/PARTY OR » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (©) Additional signatures are attached. (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 CEB’ Essential cabcom {2)Forms: Boudreau, JohnoO em NIN DH BF WY He PROOF OF SERVICE I am employed in the County of Ventura, State of California. I am over the age of eighteen years and not a party to the within action. My business address is 5450 Telegraph Road, Suite 200, Ventura, CA 93003. On the date below, I caused to be served a true and correct copy of the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows; Daniel J. Palay (SBN 159348) Co-Counsel for Plaintiffs Brian D. Hefelfinger (SBN 253054) PALAY HEFELFINGER, APC 1746 S. Victoria Avenue, Suite 230 Ventura, CA 93003 Telephone: (805) 628-8220 Facsimile: (805) 765-8600 E-mail: djp@calemploymentcounsel.com bdh@calemploymentcounsel.com Keith A. Jacoby Attorneys for Defendants, Primeritus Bradley E. Schwan Financial Services and Chris McGinness Littler Mendelson, PC 2049 Century Park East, 5" Floor Los Angeles, CA 90067-3107 Tel: (310) 553-0308 / Fax: (310) 553-5583 E-mail: kjacoby@littler.com bschwan@littler.com Nathaniel H. Jenkins Littler Mendelson, PC 500 Capitol Mall, Suite 2000 Sacramento, CA 95814 Tel: (916) 830-7200 / Fax: (916) 561-0828 E-mail: njenkins@littler.com {X] BY MAIL: By placing a true copy thereof enclosed in a sealed envelope addressed to the addressee(s) listed above. I am “readily familiar” with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same date with postage thereon fully prepaid at Ventura, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [X] (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 13, 2019 at Ventura, California. Edna Byerly 1 NOTICE OF ASSOCIATION OF COUNSEL.