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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
Jennifer M. Protas (SBN: 250959) / Ashlee N. Cherry (SBN: 312731)
HOGE, FENTON, JONES & APPEL, INC.
Sixty South Market Street, Street 1400
San Jose, CA 95113-2396
TeepHone No: 408-287-9501 FAX NO. (Options: 408-287-2583
E-MAIL ADDRESS (Optiona): jenn. protas@hogefenton.com
ATTORNEY FOR (Name): Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street appress: 191 North First Street
MAILING ADDRESS:
city ano zip cove: San Jose, CA 95113
BRANCH NAME
PLAINTIFF/PETITIONER: Susan Wei
DEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture
CASE MANAGEMENT STATEMENT CASE NUMBER:
18CV328985
(Check one): Q UNLIMITED CASE Oo LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 19, 2019 Time: 10:00 a.m. Dept.: 2 Div.: Room:
Address of court (if different from the address above):
(Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. XJ This statement is submitted by party (name): Defendants
b. (1 This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date): May 29, 2018
b. (1 The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a Kl Allparties 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) (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. oO The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a. Type
of case in [complaint O cross-complaint (Describe, including causes of action):
Plaintiff alleges defamation and invasion of privacy.
Pago 1 ofS
Form Adopted tor Mandatory Use CASE MANAGEMENT STATEMENT Cal Rules of Coun,
dudicial Council of California ‘ules 3.720-3 730
‘CM-110 (Rev. July 1, 2011] ew cour gov
American
WorkFlow
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Susan Wei 18CV328985
|DEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture
the injury and
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify
source and amount, estimated future medical expenses, lost
damages claimed, including medical expenses to date [indicate
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Defendants deny all allegations in Plaintiff's complaint and deny that she is entitled to damages.
oO (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 & ajury trial 1 anonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (J 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):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. & days (specify number): 5-7
b. [1 _ hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial KX) by the attorney or party listed in the caption CO by the following:
a. Attorney:
b Firm:
¢. Address:
d Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Oo Additional representation is described in Attachment 8.
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 7 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.
@O 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):
Amount in controversy exceeds jurisdictional limit.
(CM+110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page
2 of §
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CM-110
PLAINTIFF/PETITIONER: Susan Wei CASE NUMBER:
18CV328985
IDEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture
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 ail 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):
oO Mediation session not yet scheduled
Oo Mediation session scheduled for (date):
(1) Mediation
oO Agreed to complete mediation by (date):
Oo Mediation completed on (date):
Oo Settlement conference not yet scheduled
(2) Settlement Oo Settlement conference scheduled for (date):
conference
oO Agreed to complete settlement conference by (date)
Oo Settlement conference completed on (date):
oO Neutral evaluation not yet scheduled
Oo Neutral evaluation scheduled for (date):
(3) Neutral evaluation
oO Agreed to complete neutral evaluation by (date):
fl Neutral evaluation completed on (date):
Oo Judicial arbitration not yet scheduled
(4) Nonbinding judicial Oo Judicial arbitration scheduled for (date):
arbitration
oO Agreed to complete judicial arbitration by (date):
oO Judicial arbitration completed on (date):
oO Private arbitration not yet scheduled
(5) Binding private o Private arbitration scheduled for (date):
arbitration
Oo Agreed to complete private arbitration by (date):
oO Private arbitration completed on (date):
Oo ADR session not yet scheduled
(6) Other (specify): Oo ADR session scheduled for (date):
Oo Agreed to complete ADR session by (date):
el ADR completed on (date):
(CM-110 (Rev. July 1, 2041] CASE MANAGEMENT STATEMENT Pago 3 of §
Ine,
‘orms
CM-110
PLAINTIFF/PETITIONER: Susan Wei CASE NUMBER:
18CV328985
|DEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture
11. Insurance
a &) Insurance carrier, if any, for party filing this statement (name): Federal Insurance Company/Chubb
b. Reservation of rights: O Yes 0 No
c. oO 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. fe 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. (J Amotionto oO consolidate oO coordinate will be filed by (name party):
14, Bifurcation
(1 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):
Defendants have filed a demurrer that is set to be heard June 20, 2019. Defendants anticipate filing a motion for
summary judgment.
16. Discovery
a (0 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
Defendant Written Discovery Per Code
Defendant Depositions Per Code
Defendant Expert Discovery Per Code
c. C1 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 §
Am
www FormsWorkFlow com
CM-110
PLAINTIFF/PETITIONER: Susan Wei | CASE NUMBER
| 18CV328985
|DEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture |
17. Economic litigation
a C1 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 (1 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
Oo 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 EK] 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.
MJ
Date: March 4, 2019
Ashlee Cherry
(TYPE OR PRINT NAME)
» Mg (SIGNATURE OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CJ Additional signatures are attached
CM-110 [Rev July 4, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
mer
wy
PROOF OF SERVICE
|, the undersigned, declare:
| am a resident of the State of California, over the age of eighteen years, and not
a party to this action or cause. My business address is 60 South Market Street, Suite
1400, San Jose, California 95113-2396. On 3/4/19 | caused to be served in the manner
indicated below the attached: DEFENDANTS SAN JOSE SHARKS AND LOGAN
COUTURE’S CASE MANAGEMENT STATEMENT
4 EMAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
10 agreement of the parties to accept service by e-mail or electronic transmission, |
11 caused the document(s) to be sent to the person(s) listed at the following e-mail
12 addresses. | did not receive, within a reasonable time after the transmission, any
13 electronic message or other notice that the transmission was unsuccessful:
14 Susan Wei
mom2timmy6@yahoo.com
15 mom2daweis@gmail.com
Plaintiff, pro se
16
17 lam familiar with the firm’s practice of collecting and processing mail and
18 overnight delivery shipping. That practice provides that all mail is deposited with the
19 U.S. Postal Service or, if an overnight delivery service shipment, deposited in an
20 overnight delivery service pick-up box or given to a delivery service courier, on the
21 same day with postage or fees fully prepaid.
22 | declare under penalty of perjury under the laws of the State of California that
23 the above is true and correct. Executed on 3/4/19 at San Jose, California.
.
24
25 gl orn/
Liga M. Moniz
26
27
28
Proof of Service
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Jennifer M. Protas (SBN: 250959) / Ashlee N. Cherry (SBN: 312731) HOGE, FENTON, JONES & APPEL, INC. Sixty South Market Street, Street 1400 San Jose, CA 95113-2396 TeepHone No: 408-287-9501 FAX NO. (Options: 408-287-2583 E-MAIL ADDRESS (Optiona): jenn. protas@hogefenton.com ATTORNEY FOR (Name): Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street appress: 191 North First Street MAILING ADDRESS: city ano zip cove: San Jose, CA 95113 BRANCH NAME PLAINTIFF/PETITIONER: Susan Wei DEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture CASE MANAGEMENT STATEMENT CASE NUMBER: 18CV328985 (Check one): Q UNLIMITED CASE Oo LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 19, 2019 Time: 10:00 a.m. Dept.: 2 Div.: Room: Address of court (if different from the address above): (Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. XJ This statement is submitted by party (name): Defendants b. (1 This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): May 29, 2018 b. (1 The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a Kl Allparties 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) (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. oO The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a. Type of case in [complaint O cross-complaint (Describe, including causes of action): Plaintiff alleges defamation and invasion of privacy. Pago 1 ofS Form Adopted tor Mandatory Use CASE MANAGEMENT STATEMENT Cal Rules of Coun, dudicial Council of California ‘ules 3.720-3 730 ‘CM-110 (Rev. July 1, 2011] ew cour gov American WorkFlow CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Susan Wei 18CV328985 |DEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture the injury and 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify source and amount, estimated future medical expenses, lost damages claimed, including medical expenses to date [indicate eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Defendants deny all allegations in Plaintiff's complaint and deny that she is entitled to damages. oO (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 & ajury trial 1 anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. (J 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): Estimated length of trial The party or parties estimate that the trial will take (check one): a. & days (specify number): 5-7 b. [1 _ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial KX) by the attorney or party listed in the caption CO by the following: a. Attorney: b Firm: ¢. Address: d Telephone number: f. Fax number: e. E-mail address: g. Party represented: Oo Additional representation is described in Attachment 8. 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 7 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. @O 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): Amount in controversy exceeds jurisdictional limit. (CM+110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of § Am san LegatNet, tne. CM-110 PLAINTIFF/PETITIONER: Susan Wei CASE NUMBER: 18CV328985 IDEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture 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 ail 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): oO Mediation session not yet scheduled Oo Mediation session scheduled for (date): (1) Mediation oO Agreed to complete mediation by (date): Oo Mediation completed on (date): Oo Settlement conference not yet scheduled (2) Settlement Oo Settlement conference scheduled for (date): conference oO Agreed to complete settlement conference by (date) Oo Settlement conference completed on (date): oO Neutral evaluation not yet scheduled Oo Neutral evaluation scheduled for (date): (3) Neutral evaluation oO Agreed to complete neutral evaluation by (date): fl Neutral evaluation completed on (date): Oo Judicial arbitration not yet scheduled (4) Nonbinding judicial Oo Judicial arbitration scheduled for (date): arbitration oO Agreed to complete judicial arbitration by (date): oO Judicial arbitration completed on (date): oO Private arbitration not yet scheduled (5) Binding private o Private arbitration scheduled for (date): arbitration Oo Agreed to complete private arbitration by (date): oO Private arbitration completed on (date): Oo ADR session not yet scheduled (6) Other (specify): Oo ADR session scheduled for (date): Oo Agreed to complete ADR session by (date): el ADR completed on (date): (CM-110 (Rev. July 1, 2041] CASE MANAGEMENT STATEMENT Pago 3 of § Ine, ‘orms CM-110 PLAINTIFF/PETITIONER: Susan Wei CASE NUMBER: 18CV328985 |DEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture 11. Insurance a &) Insurance carrier, if any, for party filing this statement (name): Federal Insurance Company/Chubb b. Reservation of rights: O Yes 0 No c. oO 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. fe 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. (J Amotionto oO consolidate oO coordinate will be filed by (name party): 14, Bifurcation (1 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): Defendants have filed a demurrer that is set to be heard June 20, 2019. Defendants anticipate filing a motion for summary judgment. 16. Discovery a (0 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 Defendant Written Discovery Per Code Defendant Depositions Per Code Defendant Expert Discovery Per Code c. C1 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 § Am www FormsWorkFlow com CM-110 PLAINTIFF/PETITIONER: Susan Wei | CASE NUMBER | 18CV328985 |DEFENDANT/RESPONDENT: San Jose Sharks and Logan Couture | 17. Economic litigation a C1 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 (1 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 Oo 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 EK] 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. MJ Date: March 4, 2019 Ashlee Cherry (TYPE OR PRINT NAME) » Mg (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CJ Additional signatures are attached CM-110 [Rev July 4, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 mer wy PROOF OF SERVICE |, the undersigned, declare: | am a resident of the State of California, over the age of eighteen years, and not a party to this action or cause. My business address is 60 South Market Street, Suite 1400, San Jose, California 95113-2396. On 3/4/19 | caused to be served in the manner indicated below the attached: DEFENDANTS SAN JOSE SHARKS AND LOGAN COUTURE’S CASE MANAGEMENT STATEMENT 4 EMAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an 10 agreement of the parties to accept service by e-mail or electronic transmission, | 11 caused the document(s) to be sent to the person(s) listed at the following e-mail 12 addresses. | did not receive, within a reasonable time after the transmission, any 13 electronic message or other notice that the transmission was unsuccessful: 14 Susan Wei mom2timmy6@yahoo.com 15 mom2daweis@gmail.com Plaintiff, pro se 16 17 lam familiar with the firm’s practice of collecting and processing mail and 18 overnight delivery shipping. That practice provides that all mail is deposited with the 19 U.S. Postal Service or, if an overnight delivery service shipment, deposited in an 20 overnight delivery service pick-up box or given to a delivery service courier, on the 21 same day with postage or fees fully prepaid. 22 | declare under penalty of perjury under the laws of the State of California that 23 the above is true and correct. Executed on 3/4/19 at San Jose, California. . 24 25 gl orn/ Liga M. Moniz 26 27 28 Proof of Service