Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)
William C. Last, Jr. (Bar # 83588)
Patrick J. Whitehorn (Bar # 225927)
Last & Faoro
177 Bovet Road, Suite 550
San Mateo, CA 94402
TELEPHONENO.: (650) 696-8350
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name) Gregory Fishman, Plaintiff
FAXNO (Optoned (650) 696-8365
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aopress: 400 McAllister Street
matin aporess 400 McAllister Street
cir ann zp cove. San Francisco, CA 94102
BRANCH NAME
PLAINTIFF/PETITIONER: Gregory Fishman
DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al.
FOR COURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
02/19/2019
Clerk of the Court
BY: DARLENE LUM
Deputy Clerk
CASE MANAGEMENT STATEMENT
(Check one): (3) UNLIMITED CASE LIMITED CASE
(Amount demanded
exceeds $25,000) or less)
(Amount demanded is $25,000
CASE NUMBER:
CGC-17-557162
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 6, 2019 Time: 10:30 am Dept.: 610
Address of court (if different from the address above):
Div.
X_] Notice of intent to Appear by Telephone, by (name): Patrick J. Whitehorn
Room:
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. LX] This statement is submitted by party (name): Gregory Fishman
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): February 17, 2017
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. CX] all parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. LJ The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(3) [1 have had a default entered against them (specify names):
(2) [£2] have been served but have not appeared and have not been dismissed (specify names):
c. [2] 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 ofcasein [X] complaint
cross-complaint
(Describe, including causes of action):
The First Amended Complaint includes Causes of Action for Breach of Fiduciary Duties, Breach of
Obligation of Good Faith and Fair Dealing, Breach of Contract and Accounting.
Page 1 of 5
Form Adopied for Mandatory Use
‘udicial Council of California
CM-110 (Rev. duly 1, 2011]
CASE MANAGEMENT STATEMENT
Cal Rules of Court,
rules 3720-3730
www courts ca gov
LexisNexis® Automated California Judicial Council FormsCM-110
PLAINTIFF/PETITIONER: Gregory Fishman CASE NUMBER:
DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. CGC-17-557162
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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
See Attachment 4b
X | (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 a jury trial @ 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. UX] 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):
See Attachment 6c
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. LX] days (specify number): 3
b. hours (short causes) (specify):
8. Trial representation (fo 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 LX} 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
aon 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) LX] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Total value of this case exceeds $50,000.00.
CMO TROW diy 4 2017 CASE MANAGEMENT STATEMENT Page zfs
LexisNexis® Automated California Judicial Council FormsCM-110
PLAINTIFF/PETITIONER: Gregory Fishman
Poi oer Cambridge Staffing Solutions, LLC, et al.
[CASE NUMBER:
CGC-17-557162
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):
(1) Mediation
(2) Settlement
conference
(3) Neutral evaluation
(4) Nonbinding judicial
arbitration
(5) Binding private
arbitration
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 (aftach a copy of the parties‘ ADR
stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify):
Co
Cc
CI
CI
CI
Co
Oo
Co
Oo
Co
Co
Co
Co
Cl
CI
Co
Co
Co
Co
CI
Co
Co
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (dafe):
CM-110 (Rev. July 1, 2017]
CASE MANAGEMENT STATEMENT
Page 3 of §
LexisNexis® Automated California Judicial Council FormsPLAINTIFF/PETITIONER: Gregory Fishman CASE NUMBER
CGC-17-557162
DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: 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. [_] 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. A mation to consolidate 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}:
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a The party or parties have completed all discovery.
b. LX_] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Deseription Date
Plaintiff Interrogatories
Plaintiff Request for Production
Plaintiff Request for Admission
Plaintiff Depositions
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
OM-110 Fi. ly 1.2011 CASE MANAGEMENT STATEMENT pena
LexisNexis® Automated California Judicial Council FormsCM-110
PLAINTIFF/PETITIONER: Gregory Fishman ‘CASE NUMBER:
DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. CGC-17-557162
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 discavery 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. L_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):
The Parties are in the midst of settlement discussions.
20. Total number of pages attached (if any): 1
tam 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: February 19, 2019
Patrick J. Whitehorn »
(TYPE OR PRINT NAME)
{SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
(CM-110 [Rav, July 1, 2014]
CASE MANAGEMENT STATEMENT Page 5 of §
LexisNexis® Automated California Judicial Council FormsAttachment
Attachment 4b
Defendants Sino and Kiritchenko and Plaintiff are all member managers of Defendant
Cambridge Staffing Solutions, LLC. Defendants Sino and Kiritchenko operate a wholly
owned subsidiary of Cambridge Staffing Solutions. Plaintiff has learned that he has been
excluded from management of the business, is not being provide with his share of the
profits from the business, and that Defendants Sino and Kiritchenko have breached their
fiduciary duties, obligations and contract with Plaintiff by having organized, incorporated,
created or otherwise acquired at least four separate companies that operate in the same
industry and directly compete against Defendant Cambridge and its subsidiaries.
The parties reached a stipulation in March 2018 to proceed with arbitration and mediation
of this matter with JAMS. The case was ordered to Arbitration on March 27, 2018. The
stipulation of the parties includes an agreement that the parties will participate in mediation
with JAMS in San Francisco prior to the commencement of the Arbitration, and an
agreement relating to retention of discovery rights. The Parties have agreed to use Jerry
Spolter of JAMS for the mediator. Defendants recently informed Plaintiff that a party is
interested in purchasing the business and they made a settlement proposal to Plaintiff.
Plaintiff and Defendants are currently in the midst of settlement discussions regarding the
proposed sale of the businesses.
Plaintiff requests that this Case Movement Conference be continued out at least 120 days
while the parties continue to work on the current settlement negotiations.
Attachment 6c
3/11/19 Trial, 3/31/19 — 4/12/19 Vacation, 4/22/19 - 4/30/19 Trial, 5/2/19 MSC, 5/6/19 -
5/10/19 Trial, 5/13/19 - 5/17/19 Trial, 5/20/19 — 5/24/19 Trial, 6/3/19 - 6/10/19 Trial,
7/2/19 MSC, 7/22/19 - 7/26/19 Trial, 8/5/19 - 8/9/19 Trial.Co em YN DH HW BF wD
10
PROOF OF SERVICE
I, the undersigned, declare that | am employed in the City and County of San Mateo,
California. [am over the age of eighteen years and not a party to the within action. My business address
is 177 Bovet Road, Suite 550, San Mateo, California 94402.
On the indicated below, I served the within document(s), entitled:
CASE MANAGEMENT STATEMENT
on each party(ies) addressed as follows:
Stephen H. Dye
Schnader Harrison Segal & Lewis, LLP
650 California Street, 19th Floor
San Francisco, CA 94108-2736
Fax: 415-364-6785
Email: sdye@schnader.com
[xX] BY MAIL: by placing a true copy of each document listed above in a sealed envelope
addressed to the parties listed above and depositing it with the U.S. Postal Service on the date
shown below.
0 BY E-MAIL: I caused a true copy to be transmitted via e-mail to the addressee(s) listed above
at the e-mail noted after the party’s address.
o BY OVERNIGHT DELIVERY: by delivering each document to an authorized courier
authorized by the express service carrier to receive documents in an envelope designated by
the express service carrier with delivery fees prepaid or provided for and addressed as above-
shown.
0 BY FACSIMILE: I caused a true copy to be transmitted via facsimile to the addressee(s)
listed above at the Fax number noted after the party’s address.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on February 19, 2019.
Lynne {asanova
Proof of Service
Preview
CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) William C. Last, Jr. (Bar # 83588) Patrick J. Whitehorn (Bar # 225927) Last & Faoro 177 Bovet Road, Suite 550 San Mateo, CA 94402 TELEPHONENO.: (650) 696-8350 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) Gregory Fishman, Plaintiff FAXNO (Optoned (650) 696-8365 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO street aopress: 400 McAllister Street matin aporess 400 McAllister Street cir ann zp cove. San Francisco, CA 94102 BRANCH NAME PLAINTIFF/PETITIONER: Gregory Fishman DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. FOR COURT USE ONLY ELECTRONICALLY FILED Superior Court of California, County of San Francisco 02/19/2019 Clerk of the Court BY: DARLENE LUM Deputy Clerk CASE MANAGEMENT STATEMENT (Check one): (3) UNLIMITED CASE LIMITED CASE (Amount demanded exceeds $25,000) or less) (Amount demanded is $25,000 CASE NUMBER: CGC-17-557162 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 6, 2019 Time: 10:30 am Dept.: 610 Address of court (if different from the address above): Div. X_] Notice of intent to Appear by Telephone, by (name): Patrick J. Whitehorn Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. LX] This statement is submitted by party (name): Gregory Fishman b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): February 17, 2017 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. CX] all parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. LJ The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (3) [1 have had a default entered against them (specify names): (2) [£2] have been served but have not appeared and have not been dismissed (specify names): c. [2] 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 ofcasein [X] complaint cross-complaint (Describe, including causes of action): The First Amended Complaint includes Causes of Action for Breach of Fiduciary Duties, Breach of Obligation of Good Faith and Fair Dealing, Breach of Contract and Accounting. Page 1 of 5 Form Adopied for Mandatory Use ‘udicial Council of California CM-110 (Rev. duly 1, 2011] CASE MANAGEMENT STATEMENT Cal Rules of Court, rules 3720-3730 www courts ca gov LexisNexis® Automated California Judicial Council FormsCM-110 PLAINTIFF/PETITIONER: Gregory Fishman CASE NUMBER: DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. CGC-17-557162 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) See Attachment 4b X | (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 a jury trial @ 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. UX] 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): See Attachment 6c 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. LX] days (specify number): 3 b. hours (short causes) (specify): 8. Trial representation (fo 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 LX} 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 aon 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) LX] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Total value of this case exceeds $50,000.00. CMO TROW diy 4 2017 CASE MANAGEMENT STATEMENT Page zfs LexisNexis® Automated California Judicial Council FormsCM-110 PLAINTIFF/PETITIONER: Gregory Fishman Poi oer Cambridge Staffing Solutions, LLC, et al. [CASE NUMBER: CGC-17-557162 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): (1) Mediation (2) Settlement conference (3) Neutral evaluation (4) Nonbinding judicial arbitration (5) Binding private arbitration 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 (aftach a copy of the parties‘ ADR stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): Co Cc CI CI CI Co Oo Co Oo Co Co Co Co Cl CI Co Co Co Co CI Co Co ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (dafe): CM-110 (Rev. July 1, 2017] CASE MANAGEMENT STATEMENT Page 3 of § LexisNexis® Automated California Judicial Council FormsPLAINTIFF/PETITIONER: Gregory Fishman CASE NUMBER CGC-17-557162 DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: 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. [_] 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. A mation to consolidate 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}: 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a The party or parties have completed all discovery. b. LX_] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Deseription Date Plaintiff Interrogatories Plaintiff Request for Production Plaintiff Request for Admission Plaintiff Depositions c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): OM-110 Fi. ly 1.2011 CASE MANAGEMENT STATEMENT pena LexisNexis® Automated California Judicial Council FormsCM-110 PLAINTIFF/PETITIONER: Gregory Fishman ‘CASE NUMBER: DEFENDANT/RESPONDENT: Cambridge Staffing Solutions, LLC, et al. CGC-17-557162 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 discavery 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. L_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): The Parties are in the midst of settlement discussions. 20. Total number of pages attached (if any): 1 tam 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: February 19, 2019 Patrick J. Whitehorn » (TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. (CM-110 [Rav, July 1, 2014] CASE MANAGEMENT STATEMENT Page 5 of § LexisNexis® Automated California Judicial Council FormsAttachment Attachment 4b Defendants Sino and Kiritchenko and Plaintiff are all member managers of Defendant Cambridge Staffing Solutions, LLC. Defendants Sino and Kiritchenko operate a wholly owned subsidiary of Cambridge Staffing Solutions. Plaintiff has learned that he has been excluded from management of the business, is not being provide with his share of the profits from the business, and that Defendants Sino and Kiritchenko have breached their fiduciary duties, obligations and contract with Plaintiff by having organized, incorporated, created or otherwise acquired at least four separate companies that operate in the same industry and directly compete against Defendant Cambridge and its subsidiaries. The parties reached a stipulation in March 2018 to proceed with arbitration and mediation of this matter with JAMS. The case was ordered to Arbitration on March 27, 2018. The stipulation of the parties includes an agreement that the parties will participate in mediation with JAMS in San Francisco prior to the commencement of the Arbitration, and an agreement relating to retention of discovery rights. The Parties have agreed to use Jerry Spolter of JAMS for the mediator. Defendants recently informed Plaintiff that a party is interested in purchasing the business and they made a settlement proposal to Plaintiff. Plaintiff and Defendants are currently in the midst of settlement discussions regarding the proposed sale of the businesses. Plaintiff requests that this Case Movement Conference be continued out at least 120 days while the parties continue to work on the current settlement negotiations. Attachment 6c 3/11/19 Trial, 3/31/19 — 4/12/19 Vacation, 4/22/19 - 4/30/19 Trial, 5/2/19 MSC, 5/6/19 - 5/10/19 Trial, 5/13/19 - 5/17/19 Trial, 5/20/19 — 5/24/19 Trial, 6/3/19 - 6/10/19 Trial, 7/2/19 MSC, 7/22/19 - 7/26/19 Trial, 8/5/19 - 8/9/19 Trial.Co em YN DH HW BF wD 10 PROOF OF SERVICE I, the undersigned, declare that | am employed in the City and County of San Mateo, California. [am over the age of eighteen years and not a party to the within action. My business address is 177 Bovet Road, Suite 550, San Mateo, California 94402. On the indicated below, I served the within document(s), entitled: CASE MANAGEMENT STATEMENT on each party(ies) addressed as follows: Stephen H. Dye Schnader Harrison Segal & Lewis, LLP 650 California Street, 19th Floor San Francisco, CA 94108-2736 Fax: 415-364-6785 Email: sdye@schnader.com [xX] BY MAIL: by placing a true copy of each document listed above in a sealed envelope addressed to the parties listed above and depositing it with the U.S. Postal Service on the date shown below. 0 BY E-MAIL: I caused a true copy to be transmitted via e-mail to the addressee(s) listed above at the e-mail noted after the party’s address. o BY OVERNIGHT DELIVERY: by delivering each document to an authorized courier authorized by the express service carrier to receive documents in an envelope designated by the express service carrier with delivery fees prepaid or provided for and addressed as above- shown. 0 BY FACSIMILE: I caused a true copy to be transmitted via facsimile to the addressee(s) listed above at the Fax number noted after the party’s address. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 19, 2019. Lynne {asanova Proof of Service