Order: SATOOSH, LLC VS. MATAROZZI / PELSINGER BUILDERS, INC. ET AL

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                                Bradley, A. Bening, Esq.
     ADR SERVICES, INC.
     100 First Street, 27th Floor
                                                                                     ior C ‘ourt
     San Francisco, California 94105                                   County ‘Suoer
     (415) 772-0900 PH                                   San Francisco
     (415) 772-0960 FAX                                              APR 2 7 2028
     bbening@adrservices.com
                                                                Cc
                                                          BY:




                                      SUPERIOR COURT OF CALIFORNIA

                                        COUNTY OF SAN FRANCISCO

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11   SATOOSH, LLC, a California limited liability        Case No.:         CGC-19-578072
     company,
12                                                       CASE MANAGEMENT ORDER NO. 3
                       Plaintiff,
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             Vv.                                         Dept.             30.
14                                                       Judge:            Hon Ethan P. Schulman
     MATAROZZI/PELSINGER BUILDERS, Inc.,
15   a California corporation, and DOES 1 through
     100, inclusive,
16                                                       Action Filed:     July 31, 2019
                       Defendants.                       Trial Date:       February 26, 2024
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18   AND RELATED CROSS ACTIONS.

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20           Pursuant to the Initial Case Management Order (“CMO”) filed on September 21, 2021, the

21   Discovery Referee, Brad Bening, has recommended, and the Court adopts, this Case Management

22   Order No. 3, setting forth an updated summary of deadlines and case dates (originally designed

23   Exhibit G to the Initial CMO). This schedule may be further modified by the Discovery Referee for

24   good cause.

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                                    UPDATED DEADLINES AND CASE DATES
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27           The parties have obtained a further continuance of the trial date until February 26,

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                                                  CMO #3
2024 to accommodate additional mediation sessions before the assigned mediator, Ross Hart,

     Esq.   Further mediation sessions are scheduled as follows:



     Fifth Mediation:    March 22, 2023, Plaintiff’s counsel, Mat/Pel’s Counsel and its insurance

     carriers with full settlement authority attended a mediation via Zoom on March 22, 2023 with

     certain subcontractors.



     Further Mediations. Any and all non-settled parties, counsel, insurance carriers and/or principals

     with full settlement authority will attend further mediations at dates to be selected by the Mediator

10   during the June to July 2023 time frame.

1}           To facilitate further mediation sessions, the following additional deadlines are imposed:

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13   Plaintiff's Updated Preliminary Defect List and Preliminary Cost of Repair:

14   By no later than April 17, 2023, Plaintiff shall circulate a mediation privileged Updated Preliminary

15   Defect List and Preliminary Cost of Repair Statement.      Said statement and cost of repair and any

16   attached documents shall be for mediation purposes only and shall be protected under Evidence

17   Code (sections 1115, et seq, and 1152, et seq.)

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19   Mat/Pel’s Updated Allocations to Plaintiff:

20           By no later than May 1, 2023, Mat/Pel’s counsel shall provide to Plaintiff's counsel proposed

21   allocations to the Subcontractors for Plaintiffs consideration and input.    Said allocations and any

22   communications related thereto shall be protected under Evidence Code (sections 1115, et seq. and

23   1152, et seq.)

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25   Plaintiff and Mat/Pel to Finalize Revised Allocations

26           By no later than May    8, 2023, Plaintiff's Counsel and Mat Pel’s Counsel shall meet and

27   confer as to final revisions to the Revised Allocations to Subcontractors. Said allocations and any

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                                                       2
                                                    CMO #3
communications related thereto shall be protected under Evidence Code (sections 1115, et seq. and

     1152, et seq.)



     Revised Allocations Transmitted to Subcontractors

             By no later than May 10, 2023, Mat/Pel shall provide to Subcontractors revised allocations.

     Said allocations and any communications related thereto shall be protected under Evidence Code

     (sections 1115, et seq: and 1152, et seq.)



     Allocation Meetings with Subcontractors

10           During the last week of May through the first week of June, at dates to be determined,

11   Mat/Pel shall hold allocations meetings over a three-day period with subcontractors.

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13   Following the June or July Mediation, the following events are to occur:

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15   Plaintiff Serves Final Defect List and Final Cost of Repair Statement: By no later than July

16   20, 2023, Plaintiff shall publish and deposit a Final Defect Statement providing quantities and

17   repair methodologies. Said document shall provide a complete, descriptive, specific and final

18   statement of alleged defects on the Subject Property. Plaintiff shall simultaneously publish and

19   deposit a Final Cost of Repair Statement.    The Final Cost of Repair Statement shall set forth a

20   description of the repair methodology, cost of repair for each defect alleged, include a detailed

21   explanation of any alleged relocation expenses and a summary of all alleged Stearman fees and

22   costs. The statement should provide sufficient information for a professional cost estimator to

23   ascertain the specific nature of the repairs, the specific locations of the repairs, and the quantities

24   of labor and material estimated to make the repairs. The Final Defect Statement and the Final Cost

25   of Repair Statement shall not be protected under the Evidence Code (sections 1115, et. Seq. and

26   1152, et. seq.). If the Plaintiff amends thereafter, any party objecting may bring their objection

27   before the Referee for resolution within twenty-one (21) days of the amendment.

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                                                     CMO #3
Mat/Pel Serves Final Responsive Report on Plaintiff’s Defect Statement and Responsive

     Report on Plaintiff’s Final Cost of Repair: By no later than August 17, 2023, Mat/Pel, the

     General Contractor shall publish and deposit a responsive report setting forth their opinions and

     conclusions regarding Plaintiffs Final Defect Statement providing quantities and repair

     methodologies. Said reports shall provide a complete, descriptive, specific and final statement

     responsive to each of the alleged defects on the Subject Property. Mat/Pel shall simultaneously

     publish and deposit a responsive Report on Plainitff’s Final Cost of Repair Statement to all parties.

     The statement shall set forth a description of the repair methodology, cost of repair for each defect

10   alleged and include a detailed explanation of any relocation costs and shall respond to Plaintiff's

ll   claimed Stearman fees and costs. The Statement shall provide sufficient information for a

12   Professional cost estimator to ascertain the specific nature of the repairs, the specific locations of

13   the repairs, and the quantities of labor and material estimated to make the repairs. The respective

14   reports shall not be protected under the Evidence Code (sections 1115, et. seq. and 1152 et. seq.).

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16   PMK Witness Disclosure and Depositions:

17          All Parties shall identify their PMK witnesses on or before June 30, 2023.

18          Fact discovery, including percipient witness depositions, may begin on July 1, 2023. All

19   depositions will be pursuant to a schedule and protocol set forth by the Discovery Referee

20   following a meet-and-confer with the parties.

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22   Expert Witness Disclosure and Depositions:

23          On June 30, 2023, all parties are to serve a designation identifying expert witnesses.

24          Supplemental expert witness designations must occur on or before August 16, 2023.

25          All initial and supplemental expert witness designations are to be in conformance with the

26   requirements of Code of Civil Procedure Section 2034.210 et. seq. and in particular the information

27   required by Section 2034.260. Each expert’s discoverable reports and writings shall be produced by

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                                                     CMO #3
counsel for the party designating the expert a sufficient time in advance of the deposition of each

     expert to allow the attorneys or attorneys taking the deposition sufficient time to prepare for the

     deposition.

             On October 1, 2023, depositions of plaintiff's expert witnesses may commence pursuant to

     a meet and confer or as ordered by the Discovery Referee.

             On October 16, 2023, depositions of Mat/Pel’s expert witnesses may commence.

             On November 1, 2023 depositions of Cross-Defendants’ expert witnesses may commence.

             All depositions will be pursuant to a schedule and protocol set forth by the Discovery Referee

     following a meet-and-confer with the parties, and the commencement dates may change depending

10   on circumstances.

11           Any discoverable material generated between the time their file is produced and their

12   deposition it is to be produced prior to the deposition.

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14   Discovery Cut-Off

15           On the later of Monday,      January    29, 2024, or four weeks before Trial, all percipient

16   discovery, including related discovery motions, will be completed.

17           On the later of Monday, February 10, 2024, or two weeks before Trial, all expert discovery,

18   including all discovery motions will be completed.

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20   Trial Readiness Conference:
                                                            To be of              | CK
21           Trial Readiness Conference will be on February          »2024at_      ss, in Dept

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25   Trial

26           Trial will commence on February 26, 2024 af 0 6 £.A, in Dept. 3 0 y

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                                                     CMO #3
It Is So Recommended:


            Dated: April 26, 2023
                                          Brad Bening, Discovery Referee




     IT IS SO ORDERED:


            Dated:   pe      Li     Wes

10                                        JUDGE OF THE SUPERIOR COURT

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                                          CMO #3
Satoosh, LLC, et al. v.                               Case No:   CGC-19-578072
Matarozzi/Pelsinger Builders, Inc., et al.



                        CERTIFICATE OF ELECTRONIC SERVICE
                                (CCP §1010.6 & CRC §2.251)


         |, R. Michael Diles,    a Deputy Clerk of the Superior Court of the County of
San Francisco, certify that | am over the age of 18 years, employed in the City
and County of San Francisco, California and am not a party to the within action
        On April 27, 2023, | electronically served the attached Case
Management Order No. 3 via File & ServeXpress on the recipients designated on
the Transaction Receipt located on the File & ServeXpress website.


Dated: April 27, 2023
                                      Mark Culkins, Interim Clerk


                                       wy KML Ds
                                               R. Michael Diles, Deputy Clerk