Preview
1 HATHAWAY, PERRETT, WEBSTER,
POWERS, CHRISMAN & GUTIERREZ, APC
2 Alejandro P. Gutierrez: SBN 107688
3 agutierrez@hathawaylawfirm.com MAR 2 5 2019
5450 Telegraph Road, Suite 200
4 Ventura, CA 93003 By: R. CADDICK
Tel: (805) 644-7111; Fax: (805) 644-8296 Deputy Clerit
5
Attomeys for Plaintiff, JOHN BOUDREAU,
6 individually, and on behalf of the Proposed Class
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 I
10 FOR THE COUNTY OF SACRAMENTO (UNLIMITED^COMPLEX)
11 JOHN BOUDREAU, an individual, on behalf CASE NO.: 34-2018-00247272
12 of himself and all others similarly situated. Complaint filed: 12-27-18
Assigned to: Dept. 14
13 Plaintiffs,
NOTICE OF HEARING IN
14 vs.
DEPARTl^ENT 14 FOR COMPLEX
CASE MANAGEMENT
15 PRIMERITUS FINANCIAL SERVICES,
INC., a Delaware corporation; CHRIS
16 McGINNESS, an individual; and DOES 1 Date: August 23,2019
through 10, inclusive. Time: 9:00 a.m.
17 Place: Dept., 14, 720 9"" Street,,
Defendants. Sacramento, CA 95814
18
19
20
21 TO A L L PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:
22 PLEASE TAKE NOTICE that the Court in the above matter set a Hearing in
23 Department 14 for Complex Case Management on August 23, 2019, at 9:00 a.m., at 720 9*
24 Street, Sacramento, Califomia. A true and correct copy of Sjaid Notice is attached hereto
25 marked as Exhibit A.
26 Date: March 20, 2019 HATHAWAY|, PERRETT, WASTER,
POWERS, CHRISMAN & GUTIERREZ, APC
27
NOTICE OF ENTRY OF ORDER RE COMPLEX CASE DETERMINATION
1
PROOF OF SERVICE
2 Re: Boudreau v Primteritus
3
I am employed in the County of Ventura, State of Califomia. I am over the age of eighteen
4 years and not a party to the within action. My business address is 5450 Telegraph Road, Suite 200,
Ventura, CA 93003.
5
6 On the date below, I caused to be served a tme and correct copy of the foregoing document
described as NOTICE OF HEARING IN DEPARTMENT 14 FOR COMPLEX CASE
7 MANAGEMENT on the interested parties in this action as follows:
8 Keith A. Jacoby Attorneys for Defendants, Primer itus
9 Bradley E. Schwan
Littler Mendelson, PC Fmancial Services and Chris
10 2049 Century Park East, 5"' Floor McGinness
Los Angeles, CA 90067-3107
11 Tel: (310) 553-0308 /Fax: (310) 553-5583
12 kjacoby@littler.com/bschwan@littler.com
13 Nathaniel H. Jenkins
Littler Mendelson, PC
14 500 Capitol Mall, Suite 2000
15 Sacramento, CA 95814
Tel: (916) 830-7200 / Fax: (916) 561-0828
16 njenkins@littler.com
17
[X] BY MAIL: By placing a tme copy thereof enclosed in a sealed envelope addressed to the
18 addressee(s) listed above. I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under that practice, it would be deposited with the
19 U.S. Postal Service on that same date with postage thereon fully prepaid at Ventura,
Califomia, in the ordinary course ofbusiness. I am aware that on motion of the party servee
20 service is presumed invalid if postal cancellation date or postage meter date is more than on<:
day after date of deposit for mailing in affidavit.
21
22 [ ] BY OVERNIGHT DELIVERY: By sending a tme copy thereof by ovemight delivery
service to the addressee(s) listed above. The envelope was deposited in or with a facility
23 regularly maintained by the ovemight carrier with delivery fees paid or provided for.
24 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is
tme and correct.
25
Executed on March 20,2019 at Ventura, Califo
26
27
28
PROOF OF SERVICE
mLED/EIMDORSED
1 •
MAli 1^2019
2
3 Deputy Clerk
4
5
6 SUPERIOR COURT OF CALIFORMA
7 COUNTY OF SACRAMENTO
8
9
10 JOHN BOUDREAU, CaseNo. 34-2018-00247272
11 Plaintiff, NOTICE OF HEARING IN DEPARTMENT 14
12 vs. FOR COMPLEX CASE MANAGEMENT
13
PRIMERITUS FINANCIAL SERVICES,
14 INC; et al.,
15 Defendants.
16
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-CQMPLAINT.
19
20 1. This matter has been assigned to Department 14, Judge Tami R, Bogert presiding. It
21 has been detennined 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.
25
3. Each party shall file and serve a Case Management Conference Statement 15 days
26
before this hearing and be prepared to participate effectively in the conference, including being
27
thoroughly familiar with the case and able to discuss the suitability of the case for private mediation,
28
Boudreau vs. Primeritus Financial Services, Inc
EXHIBITA
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 defme 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 court may detennine that a case management conference on the assigned date is
9 not necessary or shotUd be postponed. The court may also issue tentative rulings 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 court day before the conference date to see if a tentative ruling is
12 posted. Tentative rulings are posted on the court's website at www.saccourt.ca.gov. On many
13 occasions the court will not post a tentative ruling.
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 assignment 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 ordersfromspecial 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. FiUngs,
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 befiledwith the civil filing clerk and a courtesy copy delivered to Department 14. Department
Boudreau vs. Primeritus Financial Services, Inc.
EXHIBITA
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 of the 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 m 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 assignment
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 orde^ 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. Plaintif!(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 thefirstconference.
25 B. Counsel for each party shall do a conflict check to determine whether such
26 counsel might have a possible confiict of interest as to any present or
27 contemplated fiiture party.
28
EXHIBITA
Boudreau vs. Primeritus Financial Services, Inc.
34-2018-00247272
1 10. The court strongly encourages the parties to engage in early and meaningful
2 mediation. Either private or judicial mediation is acceptable.
3
4
5 Dated: ijis-jTo]^
6 ^NORABLE TAMI R. BOGERT
SUPERIOR COURT OF CALIFORNIA,
7 COUNTY OF SACRAMENTO
8
9
10
11
12
13
14
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20
21
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EXHIBITA
Boudreau vs. Primeritus Financial Services, Inc.
34-2018-00247272
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
Gordon D Schaber Courthouse
720 Ninth STREET
Sacramento, CA 95814-1311
SHORT TITLE: John Boudreau on behalf of himself and all others similarly situated vs. Primeritus Financial
Services Inc
CASE NUMBER:
C L E R K ' S CERTIFICATE OF S E R V I C E BY MAIL
34-2018-00247272-CU-OE-GDS
I certify that I am not a party to this cause. I certify that a true copy of Notice of Hearing In Department 14 for
Complex Case Management was mailed following standard court practices in a sealed envelope with postage
fully prepaid, addressed as Indicated below. The mailing and this certification occurred at Sacramento,
California, on 03/18/2019.
/s/ J\. Oania
Clerk of the Court, by: , Depufy
ALEJANDRO P GUTIERREZ
5450 TELEGRAPH ROAD # 200
VENTURA, CA 93006 US
CLERK'S CERTIFICATE OF SERVICE BY MAIL
EXHIBITA
Page: 1
V3 1013a (June 2004) Code of CM Procsdure, $ CCP1013
Preview
1 HATHAWAY, PERRETT, WEBSTER, POWERS, CHRISMAN & GUTIERREZ, APC 2 Alejandro P. Gutierrez: SBN 107688 3 agutierrez@hathawaylawfirm.com MAR 2 5 2019 5450 Telegraph Road, Suite 200 4 Ventura, CA 93003 By: R. CADDICK Tel: (805) 644-7111; Fax: (805) 644-8296 Deputy Clerit 5 Attomeys for Plaintiff, JOHN BOUDREAU, 6 individually, and on behalf of the Proposed Class 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 I 10 FOR THE COUNTY OF SACRAMENTO (UNLIMITED^COMPLEX) 11 JOHN BOUDREAU, an individual, on behalf CASE NO.: 34-2018-00247272 12 of himself and all others similarly situated. Complaint filed: 12-27-18 Assigned to: Dept. 14 13 Plaintiffs, NOTICE OF HEARING IN 14 vs. DEPARTl^ENT 14 FOR COMPLEX CASE MANAGEMENT 15 PRIMERITUS FINANCIAL SERVICES, INC., a Delaware corporation; CHRIS 16 McGINNESS, an individual; and DOES 1 Date: August 23,2019 through 10, inclusive. Time: 9:00 a.m. 17 Place: Dept., 14, 720 9"" Street,, Defendants. Sacramento, CA 95814 18 19 20 21 TO A L L PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: 22 PLEASE TAKE NOTICE that the Court in the above matter set a Hearing in 23 Department 14 for Complex Case Management on August 23, 2019, at 9:00 a.m., at 720 9* 24 Street, Sacramento, Califomia. A true and correct copy of Sjaid Notice is attached hereto 25 marked as Exhibit A. 26 Date: March 20, 2019 HATHAWAY|, PERRETT, WASTER, POWERS, CHRISMAN & GUTIERREZ, APC 27 NOTICE OF ENTRY OF ORDER RE COMPLEX CASE DETERMINATION 1 PROOF OF SERVICE 2 Re: Boudreau v Primteritus 3 I am employed in the County of Ventura, State of Califomia. I am over the age of eighteen 4 years and not a party to the within action. My business address is 5450 Telegraph Road, Suite 200, Ventura, CA 93003. 5 6 On the date below, I caused to be served a tme and correct copy of the foregoing document described as NOTICE OF HEARING IN DEPARTMENT 14 FOR COMPLEX CASE 7 MANAGEMENT on the interested parties in this action as follows: 8 Keith A. Jacoby Attorneys for Defendants, Primer itus 9 Bradley E. Schwan Littler Mendelson, PC Fmancial Services and Chris 10 2049 Century Park East, 5"' Floor McGinness Los Angeles, CA 90067-3107 11 Tel: (310) 553-0308 /Fax: (310) 553-5583 12 kjacoby@littler.com/bschwan@littler.com 13 Nathaniel H. Jenkins Littler Mendelson, PC 14 500 Capitol Mall, Suite 2000 15 Sacramento, CA 95814 Tel: (916) 830-7200 / Fax: (916) 561-0828 16 njenkins@littler.com 17 [X] BY MAIL: By placing a tme copy thereof enclosed in a sealed envelope addressed to the 18 addressee(s) listed above. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the 19 U.S. Postal Service on that same date with postage thereon fully prepaid at Ventura, Califomia, in the ordinary course ofbusiness. I am aware that on motion of the party servee 20 service is presumed invalid if postal cancellation date or postage meter date is more than on<: day after date of deposit for mailing in affidavit. 21 22 [ ] BY OVERNIGHT DELIVERY: By sending a tme copy thereof by ovemight delivery service to the addressee(s) listed above. The envelope was deposited in or with a facility 23 regularly maintained by the ovemight carrier with delivery fees paid or provided for. 24 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is tme and correct. 25 Executed on March 20,2019 at Ventura, Califo 26 27 28 PROOF OF SERVICE mLED/EIMDORSED 1 • MAli 1^2019 2 3 Deputy Clerk 4 5 6 SUPERIOR COURT OF CALIFORMA 7 COUNTY OF SACRAMENTO 8 9 10 JOHN BOUDREAU, CaseNo. 34-2018-00247272 11 Plaintiff, NOTICE OF HEARING IN DEPARTMENT 14 12 vs. FOR COMPLEX CASE MANAGEMENT 13 PRIMERITUS FINANCIAL SERVICES, 14 INC; et al., 15 Defendants. 16 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-CQMPLAINT. 19 20 1. This matter has been assigned to Department 14, Judge Tami R, Bogert presiding. It 21 has been detennined 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. 25 3. Each party shall file and serve a Case Management Conference Statement 15 days 26 before this hearing and be prepared to participate effectively in the conference, including being 27 thoroughly familiar with the case and able to discuss the suitability of the case for private mediation, 28 Boudreau vs. Primeritus Financial Services, Inc EXHIBITA 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 defme 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 court may detennine that a case management conference on the assigned date is 9 not necessary or shotUd be postponed. The court may also issue tentative rulings 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 court day before the conference date to see if a tentative ruling is 12 posted. Tentative rulings are posted on the court's website at www.saccourt.ca.gov. On many 13 occasions the court will not post a tentative ruling. 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 assignment 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 ordersfromspecial 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. FiUngs, 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 befiledwith the civil filing clerk and a courtesy copy delivered to Department 14. Department Boudreau vs. Primeritus Financial Services, Inc. EXHIBITA 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 of the 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 m 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 assignment 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 orde^ 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. Plaintif!(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 thefirstconference. 25 B. Counsel for each party shall do a conflict check to determine whether such 26 counsel might have a possible confiict of interest as to any present or 27 contemplated fiiture party. 28 EXHIBITA Boudreau vs. Primeritus Financial Services, Inc. 34-2018-00247272 1 10. The court strongly encourages the parties to engage in early and meaningful 2 mediation. Either private or judicial mediation is acceptable. 3 4 5 Dated: ijis-jTo]^ 6 ^NORABLE TAMI R. BOGERT SUPERIOR COURT OF CALIFORNIA, 7 COUNTY OF SACRAMENTO 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBITA Boudreau vs. Primeritus Financial Services, Inc. 34-2018-00247272 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO Gordon D Schaber Courthouse 720 Ninth STREET Sacramento, CA 95814-1311 SHORT TITLE: John Boudreau on behalf of himself and all others similarly situated vs. Primeritus Financial Services Inc CASE NUMBER: C L E R K ' S CERTIFICATE OF S E R V I C E BY MAIL 34-2018-00247272-CU-OE-GDS I certify that I am not a party to this cause. I certify that a true copy of Notice of Hearing In Department 14 for Complex Case Management was mailed following standard court practices in a sealed envelope with postage fully prepaid, addressed as Indicated below. The mailing and this certification occurred at Sacramento, California, on 03/18/2019. /s/ J\. Oania Clerk of the Court, by: , Depufy ALEJANDRO P GUTIERREZ 5450 TELEGRAPH ROAD # 200 VENTURA, CA 93006 US CLERK'S CERTIFICATE OF SERVICE BY MAIL EXHIBITA Page: 1 V3 1013a (June 2004) Code of CM Procsdure, $ CCP1013