Clerk Notice: John Boudreau vs. Primeritus Financial Services Inc

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                                                                                    m    1X2019
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 6                                            SUPERIOR COURT OF CALIFORNIA
 7                                                 COUNTY OF SACRAMENTO
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10   JOHN BOUDREAU,                                        Case No. 34-2018-00247272
11                 Plaintiff,                              NOTICE OF HEARING IN DEPARTMENT 14
12   vs.                                                   FOR COMPLEX CASE MANAGEMENT

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     PRIMERITUS FINANCIAL SERVICES,
14   INC; et al.,
15                 Defendants.
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17         THIS NOTICE SHALL BE SERVED BY PLAINTIFF'S COUNSEL ON A L L OTHER
           PARTIES. ANYONE WHO HEREAFTER SERVES A NEW PARTY SHALL SERVE A
18         COPY OF THIS NOTICE ON THE NEW PARTY ALONG WITH THE SUMMONS
           AND COMPLAINT OR CROSS-COMPLAINT.
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20            1.        This matter has been assigned to Department 14, Judge Tami R. Bogert presiding. It
21    has been determined to be complex by the Presiding Judge, and Department 14 will be the complex
22    case department pursuant to the Local Rules, including Local Rule 2.46.
23            2.        All counsel are required to appear in Department 14 on August 23, 2019 at 9:00 a.m,
24   for an initial case management conference at that time.
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              3.        Each party shall file and serve a Case Management Conference Statement 15 days
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     before this hearing and be prepared to participate effectively in the conference, including being
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     thoroughly familiar with the case and able to discuss the suitability of the case for private mediation,
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     Boudreau vs. Primeritus Financial Services, Inc.
     34-2018-00247272
 1   arbitration, or the use of a special master or referee. Parties are encouraged to file a single, joint Case
 2   Management Statement.
 3            4.        Prior to the conference, counsel for plaintiff shall meet and confer with counsel for each
 4   other party in an effort to precisely define the issues in the case, discuss the possibility of early
 5   mediation, the identities of possible other parties, their respective plans for discovery, and whether or
 6   not the parties will be requesting that a special master be appointed.
 7            5.        Tentative Rulings.
 8                      The coiut may determine that a case management conference on the assigned date is
 9   not necessary or should be postponed. The court may also issue tentative mlings on motions that are
10   assigned to it. To determine whether an appearance is required, the parties must check the court's
11   tentative rulings after 2 p.m. the coiut day before the conference date to see if a tentative mling is
12   posted. Tentative mlings are posted on the court's website at www.saccourt.ca.gov. On many
13   occasions the court will not post a tentative mling.
14            6.        Law and Motion Matters.
15                      The Local Rules state that the civil law and motion departments hear most types of law
16   and motion matters, even in complex cases, unless the Presiding Judge has specifically assigned a case
17   to one judge for all purposes. A designation of a case as complex is not an automatic assigrmient to the
18   complex judge for all purposes.
19                      The complex case management department will accept stipulations to stay, stipulations
20   to appoint a special master, stipulated case management orders (even if they include discovery cut-offs
21   and other limitations), and proposed orders from special masters. All other motions except trial
22   motions should be filed with the law and motion departments or Presiding Judge as specified in the
23   Local Rules.
24            7.        Filings.
25                      Filing of motions should be in the appropriate law and motion department unless it
26   pertains to case management. Motions pertaining to case management should be reserved with the
27   clerk prior to filing and filed directly in Department 14. Case Management Conference Statements
28   should be filed with the civil filing clerk and a courtesy copy delivered to Department 14. Department



     Boudreau vs. Primeritus Financial Services, Inc.
     34-2018-00247272
 1    14 will accept orders after hearing directly in the department. If a complex case designation is
 2 removed, the parties should thereafter comply with the Local Rules regarding the filing of documents
 3 for civil actions.
 4             8.        Typical Case Progress.
 5                       a.        In most cases the initial status conference or a subsequent conference will result
 6 in an initial case management order being issued. The breadth of those orders may vary depending on
 7 factors such as the complexity ofthe case and the status of service on anticipated parties to the action.
 8 The court may eventually issue a more detailed case management order that could address topics such
 9 as discovery cut-offs, phased discovery, disclosure dates, settlement conference dates, and trial dates.
10    Many of these topics are deferred in cases in which special masters are used.
11                       b.        This department will typically not be the trial department for complex cases
12    assigned to this department. Cases will typically be transferred to the Presiding Judge for assigrmient
13    to another department for trial.
14                       c.        If the trial is to be held in this department, the court will often hold a pre-
15    trial/case readiness type of conference several weeks before trial. Topics generally addressed at such
16    conferences include review of witness and exhibit lists, motions in limine, proposed jury instmctions,
17    witness timing issues, and other trial procedure issues. The goal is to get such issues resolved at that
18    time and any later motions in limine or other motions are not favored. In many cases the court may
19    order that discovery must be completed at least four to six weeks before the trial date and around the
20    time when the initial papers are due for the pre-trial conference.
21             9.        Until the time ofthe conference, the following INTERIM ORDERS shall be in effect:
22                       A.        Plaintiff(s) shall diligently locate and serve each defendant. It is the court's
23                                 intention that each party be served in sufficient time to have entered an
24                                 appearance within the time allowed by law and to attend the first conference.

25.                      B.        Counsel for each party shall do a conflict check to determine whether such

26                                 counsel might have a possible conflict of interest as to any present or
27                                 contemplated fiiture party.
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      Boudreau vs. Primeritus Financial Services, Inc.
      34-2018-00247272
 1            10.        The court strongly encourages the parties to engage in early and meaningfiil
2     mediation. Either private or judicial mediation is acceptable.
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5    Dated: T^jlS^jjO]^
                                                            HCfNORABLE T A M I ' R ^ BOGERT
6                                                           SUPERIOR COURT OF CALIFORNIA,
7                                                           COUNTY OF SACRAMENTO

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     Boudreau vs. Primeritus Financial Services, Inc.
     34-2018-00247272