Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Eric J. Bengtson - Bar No. 254167
Davis Bengtson & Young, APLC
1960 The Alameda, Suite 210
San Jose, CA 95126
TELEPHONE NO.: 669-245-4200 FAX NO. (Optional):
E-MAIL ADDRESS (Optional): eric@dby-law.com
ATTORNEY FOR (Name): Carpinteria Unified School District
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 1100 Anacapa Street
MAILING ADDRESS: PO Box 21107
CITY AND ZIP CODE: Santa Barbara, CA 93102-1107
BRANCH NAME: Anacapa Division
PLAINTIFF/PETITIONER: JOHN DOE CLG03277
DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT
CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): X UNLIMITED CASE LIMITED CASE 22CV05053
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 8, 2023 Time: 8:30 a.m. Dept.: 4 Div.: Room:
Address of court (if different from the address above):
X Notice of Intent to Appear by Telephone, by (name): Eric Bengtson or other member of firm
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. X This statement is submitted by party (name): Carpinteria Unified School District
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. 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. 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 of case in
X complaint cross-complaint (Describe, including causes of action):
Negligence; Negligent supervision; Negligent retention/hiring; Negligent
failure to train, warn or educate.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011]
CM-110
PLAINTIFF/PETITIONER: JOHN DOE CLG03277 CASE NUMBER:
DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT 22CV05053
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
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges he was sexually abused by a school principal during the
1973-1976 timeframe.
(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 triaI X a 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. X 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 attached list of trials for unavailability of defense counsel.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. X days (specify number): 10
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial X by the attorney or party listed in the caption X by the following:
a. Attorney: co-counsel Craig Price and John C. Eck
b. Firm: Griffith & Thornburgh, LLP
c. Address: 8 E. Figueroa Street, Suite 300, Santa Barbara, CA 93101
d. Telephone number: 805-965-5131 f. Fax number:
e. E-mail address: eck@g-tlaw.com; price@g-tlaw.com g. Party represented: Carpinteria USD
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 has X 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
mediation 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) X 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):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: JOHN DOE CLG03277 CASE NUMBER:
DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT 22CV05053
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 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):
X Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation X
Agreed to complete mediation by (date):
Mediation completed on (date):
X Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
X
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: JOHN DOE CLG03277 CASE NUMBER:
DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT 22CV05053
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. X Coverage issues will significantly affect resolution of this case (explain): Defendant Carpinteria Unified
School District has made massive efforts to ascertain possible insurance coverage
during the time periods referenced in the Second Amended Complaint, but so far it
appears there will be no insurance coverage in this matter.
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. X There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
X Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII 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. X The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Def. Carpinteria USD Written discovery ongoing
Def. Carpinteria USD Depositions Jan 2024
Def. Carpinteria USD Third Party Discovery Feb 2024
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: JOHN DOE CLG03277 CASE NUMBER:
DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT 22CV05053
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 discovery or trial
should not apply to this case):
18. Other issues
X The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Defendant District is contemplating filing a motion for summary
judgment and/or MJOP. The parties are currently engaging in
discovery. Defendant District has requested plaintiff stipulate to
consolidation of related cases for purposes of depositions.
19. Meet and confer
a. 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):
20. Total number of pages attached (if any): 3
I 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.
Date: November 20, 2023
Eric J. Bengtson
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
CASE MANAGEMENT STATEMENT - ATTACHMENT
Attachment No. 13a.
1. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case: James M. Ruano v. Carpinteria Unified School District, et al.
(2) Name of court: Santa Barbara County Superior Court
(3) Case number: 22CV03051
(4) Status: CMC 12/8/23 – Dept. 4
(1) Name of case: Timothy Marquez V. Defendant Doe 1, School District, et al..
(2) Name of court: Santa Barbara County Superior Court
(3) Case number: 22CV04395
(4) Status: CMC 12/8/23 – Dept. 4
(1) Name of case: Jeffrey Dreyer v. Doe 1, et al.
(2) Name of court: Santa Barbara County Superior Court
(3) Case number: 22CV04877
(4) Status: CMC 12/8/23 – Dept. 4
DAVIS, BENGTSON & YOUNG, APLC
Current Trials / Unavailability
01/22/24 - 01/26/24 HMBY (Andalucia) v. Lissoy; Monterey County Sup. Ct; Case No. 21CV001478
01/22/24 – 02/02/24 John Doe 1-6 & 7 v. Salinas UHSD, Monterey Superior Court; Case No. 21CV001783
01/22/24 -- 01/26/24 Carter v. Livermore Valley JUHSD, Contra Costa Superior Court; Case No. HG21101135
02/05/23 – 02/16/23 Jane Doe 1 (Villa) v. San Benito HSD, San Benito County Case No.: CU-20-00056
02/13/24 – 02/23/24 Labrado v. Soulsbyville School District, Tuolumne Superior Court; Case No. CV65112
02/13/24 – 02/23/24 Robinson v. Los Banos Unified School District, Merced Superior Court, Case No. 20CV-02099
02/20/24 – 03/01/24 Flowers-Haywood v. MVWSD, et al., Santa Clara Sup. Ct.; Case No. 19CV347525
02/27/24- 03/01/24 Bright v. Santa Maria PD; Central District (Fed.) Court; Case No. 2:22-CV-08344
03/04/24 – 03/15/24 Borja v. Brown, Santa Clara Superior Court; Case No. 17CV318915
03/11/24 – 03/25/24 Eric Bengtson not available
04/29/24 – 05/10/24 Martinez v. Gonzales USD; Monterey Superior Court; Case No. 22CV000554
04/29/24 – 05/10/24 Jane Doe AN v. Does 1-3; Los Angeles Superior Court; Case No. 22STCV29793
05/01/24 – 05/12/24 Marin v. City of San Jose; Federal Court, Northern District, Case No. 21-cv-06372-VKD
05/13/24 – 05/24/24 John Doe JH v. Doe 1; Alameda Superior Court; Case No. 22CV016355
05/15/24-05/24/24 MED Vacation
05/20/24 – 05/31/24 Lopez v. Gilroy Unified School District; Santa Clara Superior, Case No. 20CV368793
05/28/24 – 06/07/24 John Doe 1-3 v. Berryessa USD, Santa Clara Superior Court, Case No. 22CV401151
06/03/24 – 06/14/24 E.A. v. Hayward Unified School District, Alameda Superior Court; Case No. 22CV019191
06/10/24 - 06/14/24 Reading v. Hao; Santa Clara Superior Court, Case No.: 20CV372833
06/17/24 – 06/28/24 Caserta v. Santa Clara USD, Santa Clara Superior Court; Case No. 19CV346990
06/24/24 – 07/03/24 Doe (Banwart) v. Mountain View Whisman SD, Santa Clara Sup. Ct.; Case No. 19CV352932
06/26/24 – 07/10/24 John Doe 1-3 v. MUSD, Santa Barbara County Superior Court, Case No. 22CV05157
07/15/24 – 07/26/24 E.S. v. Pajaro Valley USD, Santa Cruz Superior Court, Case No. 21CV02166
07/16/24 – 07/26/24 Cramer/Rhoades v. Amador County USD, Amador Superior Court; Case No. 22-CV-12779
07/22/24 – 08/02/24 Y.S. v. Hollister School District, San Benito Superior Court; Case No. CU-19-00212
08/05/24 – 08/09/24 Terry v. Hollister SD, San Benito Superior Court; Case No. CU-22-00062
08/12/24 – 08/23/24 Wynn v. Gurholt, Alameda Superior Court; Case No. RG21113363
08/12/24 – 08/17/24 Hale v. OUSD, Alameda Superior Court; Case No. 22CV009845
08/19/24 – 08/30/24 Partida v. Bay Area Community Health; Alameda County Sup Ct; Case No. 22CV023553
09/09/24 - 09/13/24 John Doe C.G. v. Stockton USD; San Joaquin Superior Court; Case No. STK-CV-UPI-2022-0007076
09/09/24 – 09/13/24 Jane Doe (Coe) v. East Side Union HSD, Santa Clara Superior Court, Case No. 20CV366373
09/24/24 – 10/01/24 Jane Doe v. North Monterey County USD, Monterey Superior Court, Case No. 22cv003767
09/30/24 – 10/11/24 Watkins-Wright v. Kahil, Berkeley USD, Alameda Superior Court, Case No. 22CV015268
10/04/24 – 10/11/24 Suarez v. Hayward USD, Alameda Superior Court, Case No. 22CV022781
10/14/24 – 10/25/24 Elias v. Oakland USD, Alameda Superior Court, Case No. 23CV030261
10/28/24 -- 11/01/24 Doe (DiMarco) v. N. Monterey Cnty. USD (Marquez); Monterey Sup. Ct.; Case No. 22CV003767
10/28/24 – 11/01/24 Reynaga v. Stockton USD, San Joaquin Superior Court, Case No. STK-CV-UPI-2023-2710
11/04/24 -- 11/08/24 Villareal v. City of San Jose; Federal Court, Northern District, Case No. 22-cv-09152-VKD
02/25/25 – 03/07/25 McLaurin v. Los Rios CCD; Sacramento Superior Court, Case No. 34-2022-00315187
05/19/25 – 05/30/25 Jane Doe v. Winchester; Sacramento Superior Court, Case No. 34-2022-00316580
1 PROOF OF SERVICE
I, the undersigned, say:
2
I am a citizen of the United States. My business address is 1960 The Alameda,
3
Suite 210, San Jose, CA 95126. I am employed with Davis Bengtson & Young, APLC in
4
the County of Santa Clara, where this service occurs. I am over the age of 18 years, and
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not a party to the within matter. On the date set forth below, I served the attached
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document(s) described as follows:
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CASE MANAGEMENT STATEMENT
8
on the following person(s) in this action by providing a true copy thereof, to the following:
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Co-Counsel for Plaintiff Co-Counsel for Plaintiff
10 Pedro “Peter” de la Cerda Ryan Cavanaugh
Edwards & De La Cerda, PLLC Edward J. Kelly
11 1341 W. Mockingbird Ln Ste 580W Constant Legal Group LLP
Dallas, TX 75247 737 Bolivar Road, Suite 440
12 Email: peter@edwardsdelacerda.com Cleveland, OH 44115
Email: ryan@constantllp.com
13 Email: ed@constantllp.com
14 Co-Counsel for Defendant Carpinteria
Unified School District:
15 Craig Price
John C. Eck
16 8 East Figueroa Street, Suite 300
Santa Barbara CA 93101
17 805-965-5131
price@g-tlaw.com
18 eck@g-tlaw.com
Paralegal: Evelyn Downs
19 downs@g-tlaw.com
20 [ ] (BY MAIL) I am familiar with my firm’s practice for collecting and processing correspondence for
mailing with the United States Postal Service, to wit, that correspondence will be deposited with the
21 United States Postal Service this same day in the ordinary course of business. Following ordinary
business practices, I sealed said envelope and placed it for collection and mailing on November 20,
22 2023.
23 [ ] (BY OVERNIGHT MAIL) I enclosed the documents in an envelope or package provided by an
overnight delivery carrier and addressed to the person(s) at the address(es) listed above. I placed
24 the envelope or package for collection and overnight delivery at an office or a regularly utilized drop
box of the overnight delivery carrier.
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[XX] (BY EMAIL OR ELECTRONIC TRANSMISSION) I caused the documents to be sent to the
26 person(s) at the electronic service address(es) listed above.
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John Doe CLG03277 22CV05053
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1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct and that this Declaration was executed on November 20,
3 2023.
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5 Julie Heaton
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John Doe CLG03277 22CV05053
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Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Eric J. Bengtson - Bar No. 254167 Davis Bengtson & Young, APLC 1960 The Alameda, Suite 210 San Jose, CA 95126 TELEPHONE NO.: 669-245-4200 FAX NO. (Optional): E-MAIL ADDRESS (Optional): eric@dby-law.com ATTORNEY FOR (Name): Carpinteria Unified School District SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: PO Box 21107 CITY AND ZIP CODE: Santa Barbara, CA 93102-1107 BRANCH NAME: Anacapa Division PLAINTIFF/PETITIONER: JOHN DOE CLG03277 DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): X UNLIMITED CASE LIMITED CASE 22CV05053 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 8, 2023 Time: 8:30 a.m. Dept.: 4 Div.: Room: Address of court (if different from the address above): X Notice of Intent to Appear by Telephone, by (name): Eric Bengtson or other member of firm INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. X This statement is submitted by party (name): Carpinteria Unified School District b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. 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. 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 of case in X complaint cross-complaint (Describe, including causes of action): Negligence; Negligent supervision; Negligent retention/hiring; Negligent failure to train, warn or educate. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] CM-110 PLAINTIFF/PETITIONER: JOHN DOE CLG03277 CASE NUMBER: DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT 22CV05053 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges he was sexually abused by a school principal during the 1973-1976 timeframe. (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 triaI X a 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. X 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 attached list of trials for unavailability of defense counsel. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. X days (specify number): 10 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial X by the attorney or party listed in the caption X by the following: a. Attorney: co-counsel Craig Price and John C. Eck b. Firm: Griffith & Thornburgh, LLP c. Address: 8 E. Figueroa Street, Suite 300, Santa Barbara, CA 93101 d. Telephone number: 805-965-5131 f. Fax number: e. E-mail address: eck@g-tlaw.com; price@g-tlaw.com g. Party represented: Carpinteria USD 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 has X 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 mediation 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) X 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): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: JOHN DOE CLG03277 CASE NUMBER: DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT 22CV05053 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 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): X Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation X Agreed to complete mediation by (date): Mediation completed on (date): X Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference X Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: JOHN DOE CLG03277 CASE NUMBER: DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT 22CV05053 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. X Coverage issues will significantly affect resolution of this case (explain): Defendant Carpinteria Unified School District has made massive efforts to ascertain possible insurance coverage during the time periods referenced in the Second Amended Complaint, but so far it appears there will be no insurance coverage in this matter. 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. X There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: X Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII 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. X The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Def. Carpinteria USD Written discovery ongoing Def. Carpinteria USD Depositions Jan 2024 Def. Carpinteria USD Third Party Discovery Feb 2024 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: JOHN DOE CLG03277 CASE NUMBER: DEFENDANT/RESPONDENT: CARPINTERIA UNIFIED SCHOOL DISTRICT 22CV05053 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 discovery or trial should not apply to this case): 18. Other issues X The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Defendant District is contemplating filing a motion for summary judgment and/or MJOP. The parties are currently engaging in discovery. Defendant District has requested plaintiff stipulate to consolidation of related cases for purposes of depositions. 19. Meet and confer a. 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): 20. Total number of pages attached (if any): 3 I 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. Date: November 20, 2023 Eric J. Bengtson (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT CASE MANAGEMENT STATEMENT - ATTACHMENT Attachment No. 13a. 1. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: James M. Ruano v. Carpinteria Unified School District, et al. (2) Name of court: Santa Barbara County Superior Court (3) Case number: 22CV03051 (4) Status: CMC 12/8/23 – Dept. 4 (1) Name of case: Timothy Marquez V. Defendant Doe 1, School District, et al.. (2) Name of court: Santa Barbara County Superior Court (3) Case number: 22CV04395 (4) Status: CMC 12/8/23 – Dept. 4 (1) Name of case: Jeffrey Dreyer v. Doe 1, et al. (2) Name of court: Santa Barbara County Superior Court (3) Case number: 22CV04877 (4) Status: CMC 12/8/23 – Dept. 4 DAVIS, BENGTSON & YOUNG, APLC Current Trials / Unavailability 01/22/24 - 01/26/24 HMBY (Andalucia) v. Lissoy; Monterey County Sup. Ct; Case No. 21CV001478 01/22/24 – 02/02/24 John Doe 1-6 & 7 v. Salinas UHSD, Monterey Superior Court; Case No. 21CV001783 01/22/24 -- 01/26/24 Carter v. Livermore Valley JUHSD, Contra Costa Superior Court; Case No. HG21101135 02/05/23 – 02/16/23 Jane Doe 1 (Villa) v. San Benito HSD, San Benito County Case No.: CU-20-00056 02/13/24 – 02/23/24 Labrado v. Soulsbyville School District, Tuolumne Superior Court; Case No. CV65112 02/13/24 – 02/23/24 Robinson v. Los Banos Unified School District, Merced Superior Court, Case No. 20CV-02099 02/20/24 – 03/01/24 Flowers-Haywood v. MVWSD, et al., Santa Clara Sup. Ct.; Case No. 19CV347525 02/27/24- 03/01/24 Bright v. Santa Maria PD; Central District (Fed.) Court; Case No. 2:22-CV-08344 03/04/24 – 03/15/24 Borja v. Brown, Santa Clara Superior Court; Case No. 17CV318915 03/11/24 – 03/25/24 Eric Bengtson not available 04/29/24 – 05/10/24 Martinez v. Gonzales USD; Monterey Superior Court; Case No. 22CV000554 04/29/24 – 05/10/24 Jane Doe AN v. Does 1-3; Los Angeles Superior Court; Case No. 22STCV29793 05/01/24 – 05/12/24 Marin v. City of San Jose; Federal Court, Northern District, Case No. 21-cv-06372-VKD 05/13/24 – 05/24/24 John Doe JH v. Doe 1; Alameda Superior Court; Case No. 22CV016355 05/15/24-05/24/24 MED Vacation 05/20/24 – 05/31/24 Lopez v. Gilroy Unified School District; Santa Clara Superior, Case No. 20CV368793 05/28/24 – 06/07/24 John Doe 1-3 v. Berryessa USD, Santa Clara Superior Court, Case No. 22CV401151 06/03/24 – 06/14/24 E.A. v. Hayward Unified School District, Alameda Superior Court; Case No. 22CV019191 06/10/24 - 06/14/24 Reading v. Hao; Santa Clara Superior Court, Case No.: 20CV372833 06/17/24 – 06/28/24 Caserta v. Santa Clara USD, Santa Clara Superior Court; Case No. 19CV346990 06/24/24 – 07/03/24 Doe (Banwart) v. Mountain View Whisman SD, Santa Clara Sup. Ct.; Case No. 19CV352932 06/26/24 – 07/10/24 John Doe 1-3 v. MUSD, Santa Barbara County Superior Court, Case No. 22CV05157 07/15/24 – 07/26/24 E.S. v. Pajaro Valley USD, Santa Cruz Superior Court, Case No. 21CV02166 07/16/24 – 07/26/24 Cramer/Rhoades v. Amador County USD, Amador Superior Court; Case No. 22-CV-12779 07/22/24 – 08/02/24 Y.S. v. Hollister School District, San Benito Superior Court; Case No. CU-19-00212 08/05/24 – 08/09/24 Terry v. Hollister SD, San Benito Superior Court; Case No. CU-22-00062 08/12/24 – 08/23/24 Wynn v. Gurholt, Alameda Superior Court; Case No. RG21113363 08/12/24 – 08/17/24 Hale v. OUSD, Alameda Superior Court; Case No. 22CV009845 08/19/24 – 08/30/24 Partida v. Bay Area Community Health; Alameda County Sup Ct; Case No. 22CV023553 09/09/24 - 09/13/24 John Doe C.G. v. Stockton USD; San Joaquin Superior Court; Case No. STK-CV-UPI-2022-0007076 09/09/24 – 09/13/24 Jane Doe (Coe) v. East Side Union HSD, Santa Clara Superior Court, Case No. 20CV366373 09/24/24 – 10/01/24 Jane Doe v. North Monterey County USD, Monterey Superior Court, Case No. 22cv003767 09/30/24 – 10/11/24 Watkins-Wright v. Kahil, Berkeley USD, Alameda Superior Court, Case No. 22CV015268 10/04/24 – 10/11/24 Suarez v. Hayward USD, Alameda Superior Court, Case No. 22CV022781 10/14/24 – 10/25/24 Elias v. Oakland USD, Alameda Superior Court, Case No. 23CV030261 10/28/24 -- 11/01/24 Doe (DiMarco) v. N. Monterey Cnty. USD (Marquez); Monterey Sup. Ct.; Case No. 22CV003767 10/28/24 – 11/01/24 Reynaga v. Stockton USD, San Joaquin Superior Court, Case No. STK-CV-UPI-2023-2710 11/04/24 -- 11/08/24 Villareal v. City of San Jose; Federal Court, Northern District, Case No. 22-cv-09152-VKD 02/25/25 – 03/07/25 McLaurin v. Los Rios CCD; Sacramento Superior Court, Case No. 34-2022-00315187 05/19/25 – 05/30/25 Jane Doe v. Winchester; Sacramento Superior Court, Case No. 34-2022-00316580 1 PROOF OF SERVICE I, the undersigned, say: 2 I am a citizen of the United States. My business address is 1960 The Alameda, 3 Suite 210, San Jose, CA 95126. I am employed with Davis Bengtson & Young, APLC in 4 the County of Santa Clara, where this service occurs. I am over the age of 18 years, and 5 not a party to the within matter. On the date set forth below, I served the attached 6 document(s) described as follows: 7 CASE MANAGEMENT STATEMENT 8 on the following person(s) in this action by providing a true copy thereof, to the following: 9 Co-Counsel for Plaintiff Co-Counsel for Plaintiff 10 Pedro “Peter” de la Cerda Ryan Cavanaugh Edwards & De La Cerda, PLLC Edward J. Kelly 11 1341 W. Mockingbird Ln Ste 580W Constant Legal Group LLP Dallas, TX 75247 737 Bolivar Road, Suite 440 12 Email: peter@edwardsdelacerda.com Cleveland, OH 44115 Email: ryan@constantllp.com 13 Email: ed@constantllp.com 14 Co-Counsel for Defendant Carpinteria Unified School District: 15 Craig Price John C. Eck 16 8 East Figueroa Street, Suite 300 Santa Barbara CA 93101 17 805-965-5131 price@g-tlaw.com 18 eck@g-tlaw.com Paralegal: Evelyn Downs 19 downs@g-tlaw.com 20 [ ] (BY MAIL) I am familiar with my firm’s practice for collecting and processing correspondence for mailing with the United States Postal Service, to wit, that correspondence will be deposited with the 21 United States Postal Service this same day in the ordinary course of business. Following ordinary business practices, I sealed said envelope and placed it for collection and mailing on November 20, 22 2023. 23 [ ] (BY OVERNIGHT MAIL) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed above. I placed 24 the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 25 [XX] (BY EMAIL OR ELECTRONIC TRANSMISSION) I caused the documents to be sent to the 26 person(s) at the electronic service address(es) listed above. 27 28 John Doe CLG03277 22CV05053 -1- 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct and that this Declaration was executed on November 20, 3 2023. 4 5 Julie Heaton 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 John Doe CLG03277 22CV05053 -2-