Preview
3Y FAX
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Keith A. Jacoby SBN 150233 Bradley E. Schwan SBN 246457
Nathaniel H. Jenkins SBN 312067
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000, Sacramento, CA 95814
TeLepHone no: 916.830.7200 FAX NO. (Optionay: 916.561.0828
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): PRIMERITUS FINANCIAL SVCS. and CHRIS MCGINNESS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
street appress: 720 Ninth Street
MAILING ADDRESS:
ciTy and zip cove: Sacramento, CA 95814
BRANCH NAME:
PLAINTIFF/PETITIONER: JOHN BOUDREAU
DEFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS
FOR COURT USE ONLY
AUG -8 2019
By: R. San Miguel
Deputy Clerk
CASE MANAGEMENT STATEMENT
(Check one): [X} UNLIMITED CASE Osuimitep case
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
CASE NUMBER:
34-2018-00247272
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Bradley E. Schwan
Date: August 23, 2019 Time: 9:00 A.M. Dept.: 14 Div.: Room:
INSTRUCTIONS: All applicable boxes must be checked, and the specified
1. Party or parties (answer one):
information must be provided.
a This statement is submitted by party (name): Defs. PRIMERITUS FINANCIAL SVS. and CHRIS McGINNESS
b. (1 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): Complaint filed 12/27/18; First Amended Complaint filed 4/12/19.
b. (1 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. (1 The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) (1 have been served but have not appeared and have not been dismissed (specify names):
(3) (1 have had a default entered against them (specify names):
c. [1] 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 ofcase in EX] complaint 1 cross-complaint (Describe, including causes of action):
Plaintiff alleges seven causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Timely Pay Wages
(Waiting Time Penalities); (3) Failure to Provide Rest Periods; (4) Failure to Provide Meal Periods; (5) Failure to
Page 1 of 5
Form Adopted for Mander Use CASE MANAGEMENT STATEMENT
(CM-110 [Rev. July 1, 2011]
Cal. Rules of Court,
ules 3.720-3.730
wnw.courts.ca.gov
yatie Fonms\WorkFlow.comCm-110
. CASE NUMBER
PLAINTIFF/PETITIONER: JOHN BOUDREAU 34-2018.00247272
| DEFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS
4.
1
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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff was properly paid for all hours worked, and received compliant meal and rest periods, in complaince with
the California Labor Code. Accordingly, Plaintiff has not sustained any damages as a result of Defendant's
conduct. Plaintiff seeks general and special damages, as well as civil penalties pursuant to the Private Attorneys’
General Act (PAGA). Defendants deny liability for all alleged claims.
C1 (if more space is needed, check this box and attach a page designated as Attachment 4b. )
Jury or nonjury trial
The party or parties request [J ajurytrial [) a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial): Plaintiffs PAGA claim is for penalties. That claim should be decided by the Court, not a jury.
Trial date
a. The trial has been set for (date):
b. EJ 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): This may not be ready for trial in 12 months depending on the timline for class certification.
Defendant recommends setting a class certification deadline at the CMC, but not a trial date.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
March, April, and May 2020.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
days (specify number): 10-15
b. (1 _ hours (short causes) (specify):
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:
(1 Additional representation is described in Attachment 8,
Preference
C1 This case is entitled to preference (specify code section):
0. 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 has Os 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) 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) 1 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):
ws Rev. dy 1.2017 CASE MANAGEMENT STATEMENT Page 20
sqmw FoomsWarkFlow comCM-110
: CASE NUMBER.
PLAINTIFF/PETITIONER: JOHN BOUDREAU 34-2018-00247272
EFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS
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
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties‘ ADR
Stipulation):
Mediation session not yet scheduled
Oo
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
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
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
C1 Private arbitration scheduled for (date):
(5) Binding private
arbitration
(1 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. Jy 4, 2011] CASE MANAGEMENT STATEMENTCM-110
. CASE NUMBER:
L_ PLAINTIFF/PETITIONER: JOHN BOUDREAU 34-2018-00247272
DEFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS
11. Insurance
a. [1 _ Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [1] Yes 0 No
. O 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.
0 Bankruptcy []_ Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. (1 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. Amotionto ( consolidate 1] coordinate will 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):
Defendant asserts that class-related discovery should precede merits discovery.
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant intends to file a motion seeking to determine that class action treatment is inappropriate and/or a
motion to decertify the class should a class be certified. Defendant may also file a Motion for Summary
Judament/Adiudication and/or other dispositive motions.
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
Defendants Written Discovery 6/2019
Defendants Depositions 8/2019
Defendants Expert Discovery According to Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Defendants anticipate lengthy meet and confer efforts regarding pre-class certification discovery.
(CM-110 [Rev. July 4, 2014] CASE MANAGEMENT STATEMENTCM-110
CASE NUMBER:
| PLAINTIFF/PETITIONER: JOHN BOUDREAU 34-2018-00247272
DEFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS
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. ( Thisis 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
(1 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):
{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 8, 2019 wee
“ehinee aise:
NATHANIEL H. JENKINS.
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
C Additional signatures are attached.
ofS
(CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT28
LITTLER MENDELSON, P.C.
‘20 Cope da
Swerumenty Ch 5810
‘ieee a
PROOF OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and not a
party to the within action. My business address is 500 Capitol Mall, Suite 2000, Sacramento,
California 95814. On August 8, 2019, I served the within document(s):
DEFENDANTS’ CASE MANAGEMENT STATEMENT - 8/23/19
By Fax Transmission. Based on an agreement of the parties to accept service by
fax transmission, I faxed the documents to the persons at the fax numbers listed
below. No error was reported by the fax machine that I used. A copy of the record
of the fax transmission, which I printed out, is attached.
By United States Mail. I enclosed the documents in a sealed envelope or
package addressed to the persons at the addresses below and (specify one):
deposited the sealed envelope with the United States Postal Service, with the
postage fully prepaid.
f@ Placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this business's practice for
collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service, in a sealed
envelope with postage fully prepaid.
I am a resident or employed in the county where the mailing occurred. The
envelope or package was placed in the mail at: Sacramento, California.
oO
By Overnight Delivery. I deposited a true copy of the same enclosed in a sealed
envelope, with delivery fees provided for, in an overnight delivery service pick up
box or office designated for overnight delivery, and addressed as set forth below.
By Personal Delivery. I personally delivered the documents to the persons at the
addresses listed below. (1) For a party represented by an attorney, delivery was
made to the attorney or at the attorney's office by leaving the documents, in an
envelope or package clearly labeled to identify the attorney being served, with a
receptionist or an individual in charge of the office, between the hours of nine in
the morning and five in the evening. (2) For a party, delivery was made to the party
or by leaving the documents at the party's residence with some person not younger
than 18 years of age between the hours of eight in the morning and six in the
evening.
PROOF OF SERVICE28
LITTLER MENDELSON, P.c.
$09 Capoa! ttt
eerie EX SBI
ease 0
oO By Messenger Service. I served the documents by placing them in an envelope or
package addressed to the persons at the addresses listed below and providing them
to a professional messenger service for service. (A declaration by the messenger
must accompany this Proof of Service or be contained in the Declaration of
Messenger below.)
o By Electronic Service. Based on a court order or an agreement of the parties to
accept electronic service, I caused the documents to be sent to the persons at the
electronic service addresses listed below.
Alejandro P. Gutierrez Attorneys for Plaintiff
HATHAWAY, PERRETT, WEBSTER, JOHN BOUDREAU,
POWERS, CHRISMAN & GUTIERREZ, APC _ individually, and on behalf of
5450 Telegraph Road, Suite 200 the Proposed Class
Ventura, CA 93003
Telephone: 805.644.7111
I declare under penalty of perjury under the laws of the State of California that the
above is true and correct. Executed on August 8, 2019, at Sacramento, California.
and rebel
Lauren Michel
2.
PROOF OF SERVICE
Preview
3Y FAX CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Keith A. Jacoby SBN 150233 Bradley E. Schwan SBN 246457 Nathaniel H. Jenkins SBN 312067 LITTLER MENDELSON, P.C. 500 Capitol Mall, Suite 2000, Sacramento, CA 95814 TeLepHone no: 916.830.7200 FAX NO. (Optionay: 916.561.0828 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): PRIMERITUS FINANCIAL SVCS. and CHRIS MCGINNESS SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO street appress: 720 Ninth Street MAILING ADDRESS: ciTy and zip cove: Sacramento, CA 95814 BRANCH NAME: PLAINTIFF/PETITIONER: JOHN BOUDREAU DEFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS FOR COURT USE ONLY AUG -8 2019 By: R. San Miguel Deputy Clerk CASE MANAGEMENT STATEMENT (Check one): [X} UNLIMITED CASE Osuimitep case (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 34-2018-00247272 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Bradley E. Schwan Date: August 23, 2019 Time: 9:00 A.M. Dept.: 14 Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified 1. Party or parties (answer one): information must be provided. a This statement is submitted by party (name): Defs. PRIMERITUS FINANCIAL SVS. and CHRIS McGINNESS b. (1 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): Complaint filed 12/27/18; First Amended Complaint filed 4/12/19. b. (1 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. (1 The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) (1 have been served but have not appeared and have not been dismissed (specify names): (3) (1 have had a default entered against them (specify names): c. [1] 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 ofcase in EX] complaint 1 cross-complaint (Describe, including causes of action): Plaintiff alleges seven causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Timely Pay Wages (Waiting Time Penalities); (3) Failure to Provide Rest Periods; (4) Failure to Provide Meal Periods; (5) Failure to Page 1 of 5 Form Adopted for Mander Use CASE MANAGEMENT STATEMENT (CM-110 [Rev. July 1, 2011] Cal. Rules of Court, ules 3.720-3.730 wnw.courts.ca.gov yatie Fonms\WorkFlow.comCm-110 . CASE NUMBER PLAINTIFF/PETITIONER: JOHN BOUDREAU 34-2018.00247272 | DEFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS 4. 1 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiff was properly paid for all hours worked, and received compliant meal and rest periods, in complaince with the California Labor Code. Accordingly, Plaintiff has not sustained any damages as a result of Defendant's conduct. Plaintiff seeks general and special damages, as well as civil penalties pursuant to the Private Attorneys’ General Act (PAGA). Defendants deny liability for all alleged claims. C1 (if more space is needed, check this box and attach a page designated as Attachment 4b. ) Jury or nonjury trial The party or parties request [J ajurytrial [) a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Plaintiffs PAGA claim is for penalties. That claim should be decided by the Court, not a jury. Trial date a. The trial has been set for (date): b. EJ 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): This may not be ready for trial in 12 months depending on the timline for class certification. Defendant recommends setting a class certification deadline at the CMC, but not a trial date. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): March, April, and May 2020. Estimated length of trial The party or parties estimate that the trial will take (check one): days (specify number): 10-15 b. (1 _ hours (short causes) (specify): 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: (1 Additional representation is described in Attachment 8, Preference C1 This case is entitled to preference (specify code section): 0. 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 has Os 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) 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) 1 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): ws Rev. dy 1.2017 CASE MANAGEMENT STATEMENT Page 20 sqmw FoomsWarkFlow comCM-110 : CASE NUMBER. PLAINTIFF/PETITIONER: JOHN BOUDREAU 34-2018-00247272 EFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS 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 this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties‘ ADR Stipulation): Mediation session not yet scheduled Oo Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement 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 Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled C1 Private arbitration scheduled for (date): (5) Binding private arbitration (1 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. Jy 4, 2011] CASE MANAGEMENT STATEMENTCM-110 . CASE NUMBER: L_ PLAINTIFF/PETITIONER: JOHN BOUDREAU 34-2018-00247272 DEFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS 11. Insurance a. [1 _ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [1] Yes 0 No . O 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. 0 Bankruptcy []_ Other (specify): Status: 13. Related cases, consolidation, and coordination a. (1 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. Amotionto ( consolidate 1] coordinate will 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): Defendant asserts that class-related discovery should precede merits discovery. 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant intends to file a motion seeking to determine that class action treatment is inappropriate and/or a motion to decertify the class should a class be certified. Defendant may also file a Motion for Summary Judament/Adiudication and/or other dispositive motions. 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 Defendants Written Discovery 6/2019 Defendants Depositions 8/2019 Defendants Expert Discovery According to Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendants anticipate lengthy meet and confer efforts regarding pre-class certification discovery. (CM-110 [Rev. July 4, 2014] CASE MANAGEMENT STATEMENTCM-110 CASE NUMBER: | PLAINTIFF/PETITIONER: JOHN BOUDREAU 34-2018-00247272 DEFENDANT/RESPONDENT: PRIMERITUS FINANCIAL and CHRIS MCGINNESS 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. ( Thisis 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 (1 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): {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 8, 2019 wee “ehinee aise: NATHANIEL H. JENKINS. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) C Additional signatures are attached. ofS (CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT28 LITTLER MENDELSON, P.C. ‘20 Cope da Swerumenty Ch 5810 ‘ieee a PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 500 Capitol Mall, Suite 2000, Sacramento, California 95814. On August 8, 2019, I served the within document(s): DEFENDANTS’ CASE MANAGEMENT STATEMENT - 8/23/19 By Fax Transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. By United States Mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses below and (specify one): deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. f@ Placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at: Sacramento, California. oO By Overnight Delivery. I deposited a true copy of the same enclosed in a sealed envelope, with delivery fees provided for, in an overnight delivery service pick up box or office designated for overnight delivery, and addressed as set forth below. By Personal Delivery. I personally delivered the documents to the persons at the addresses listed below. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. PROOF OF SERVICE28 LITTLER MENDELSON, P.c. $09 Capoa! ttt eerie EX SBI ease 0 oO By Messenger Service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) o By Electronic Service. Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to the persons at the electronic service addresses listed below. Alejandro P. Gutierrez Attorneys for Plaintiff HATHAWAY, PERRETT, WEBSTER, JOHN BOUDREAU, POWERS, CHRISMAN & GUTIERREZ, APC _ individually, and on behalf of 5450 Telegraph Road, Suite 200 the Proposed Class Ventura, CA 93003 Telephone: 805.644.7111 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 8, 2019, at Sacramento, California. and rebel Lauren Michel 2. PROOF OF SERVICE