Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
JOHN L. SUPPLE (SBN 94582); ROBERT R. DEERING (SBN 258043); MATTHEW SCHROEDER (SBN 273361)
J SUPPLE LAW, A Professional Corporation
990 FIFTH AVENUE
SAN RAFAEL, CA 94901
TELEPHONE NO.: (415) 366-5533 FAX NO. (Optional): (415) 480-6301 Electronically Filed
E-MAIL ADDRESS (Optional): jsupple@jsupplelaw.com; rdeering@jsupplelaw.com; mschroeder@jsupplelaw.com 4/21/2023 2:35 PM
ATTORNEY FOR (NAME): Defendants COVENANT CARE CALIFORNIA, LLC dba TURLOCK Superior Court of California
NURSING AND REHABILITATION CENTER and COVENANT CARE, LLC County of Stanislaus
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
Clerk of the Court
By: Dora Perez, Deputy
STREET ADDRESS: 801 10th Street
MAILING ADDRESS:
CITY AND ZIP CODE: Modesto, CA 95354
BRANCH NAME:
PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his Successors-
In-Interest SHEILA M. LOWE, et al.
DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK
NURSING AND REHABILITATION CENTER; et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE CV-20-004057
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 8, 2023 Time: 8:30 a.m. Dept.: 24 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Matthew Schroeder
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. Defendants COVENANT CARE CALIFORNIA, LLC
This statement is submitted by party (name):
dba TURLOCK NURSING AND REHABILITATION CENTER and COVENANT CARE, LLC
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): September 18, 2020
b. The cross-complaint, if any, 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 complaint cross-complaint (Describe, including causes of action):
Plaintiff alleges causes of action for: 1) Negligence /Negligence Per Se; 2) Abuse /Neglect of an Elder Adult;
3) Fraud/ Negligent Misrepresentation; 4) Negligent Hiring, Retention and Training; 5) Violation of Patient's Bill
of Rights; and 6) Wrongful Death.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his CASE NUMBER:
Successors-In-Interest SHEILA M. LOWE, an individual; et al.
DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK
CV-20-004057
NURSING AND REHABILITATION CENTER, et al.
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 Larry Dignes is now deceased. Prior to his death, he was admitted to Defendant’s skilled nursing facility from August 7,
2019 to August 23, 2019. Plaintiffs allege that their claims are based on Decedent’s residency at Defendants’ facility.
Defendants filed an answer to the Complaint on January 20, 2021. Defendants deny all liability. Defendants’ motion to compel
arbitration was granted and the parties are meeting and conferring regarding selection of a neutral.
(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 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. 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): This is a complex medical negligence case and time is needed to complete the investigation
and discovery. Further, the Court has ordered a stay of the Superior Court action pending arbitration.
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. days (specify number): 10-15
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney: John L. Supple
b. Firm: J Supple Law, PC
c. Address: 990 Fifth Avenue, San Rafael, CA 94901
d. Telephone number: 415-366-5533 f. Fax number: 415-480-6301
e. E-mail address: jsupple@jsupplelaw.com g. Party represented: Defendants COVENANT CARE
CALIFORNIA, LLC dba TURLOCK NURSING AND
REHABILITATION CENTER and COVENANT CARE, LLC
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 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) 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]
CASE MANAGEMENT STATEMENT Page 2 of 5
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CM-110
PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his CASE NUMBER:
Successors-In-Interest SHEILA M. LOWE, an individual; et al.
DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK CV-20-004057
NURSING AND REHABILITATION CENTER, et al.
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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date): March 22, 2023
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
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
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 3 of 5
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CM-110
PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his CASE NUMBER:
Successors-In-Interest SHEILA M. LOWE, an individual; et al.
DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK
CV-20-004057
NURSING AND REHABILITATION CENTER, et al.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): Ironshore Specialty Insurance Company
b. Reservation of rights: Yes No None known at this time.
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 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):
Potential motion to bifurcate negligence/neglect from corporate ratification/punitive damages.
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
The Court recently ordered this matter to arbitration.
16. Discovery
a. The party or parties have completed all discovery.
b The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Written Discovery Ongoing
Defendant Plaintiff’s Deposition Ongoing
Defendant Record Subpoenas Ongoing
Defendant Witness/Treating Doctor Depositions Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 4 of 5
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CM-110
PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his CASE NUMBER:
Successors-In-Interest SHEILA M. LOWE, an individual; et al.
CV-20-004057
DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK
NURSING AND REHABILITATION CENTER, et al.
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
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The Court recently ordered this matter to arbitration and has stayed the Superior Court action pending arbitration.
19. Meet and confer
a. 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): 1
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: April 21, 2023 J SUPPLE LAW, PC
Matthew Schroeder
(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]
CASE MANAGEMENT STATEMENT Page 5 of 5
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MC-025
SHORT TITLE: DIGNES vs COVENANT CARE CALIFORNIA, LLC, et al. CASE NUMBER: CV-20-004057
ATTACHMENT (Number): 6c Page 1 of 1
(This Attachment may be used with any Judicial Council form.) (Add pages as required)
1
2 ATTACHMENT 6.c. to Case Management Statement
3
4
Trial Dates:
5 5/19/2023
6 6/1/2023
7 6/8/2023
6/12/2023
8
7/18/2023
9
7/24/2023
10
9/18/2023
11 9/25/2023
12 10/16/2023
13
11/6/2023
14
12/4/2023
15 12/12/2023
16 1/2/2024
1/16/2024
17
18 2/6/2024
2/16/2024
19
3/15/2024
20
3/26/2024
21
4/2/2024
22 4/8/2024
4/22/2024
23
6/24/2024
24
25 8/5/2024
26
27
1 Re: Dignes v. Covenant Care California, LLC, et al.
Stanislaus County Superior Court Case No. CV-20-004057
2
PROOF OF SERVICE
3
4 I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is J SUPPLE LAW, PC, 990 Fifth Avenue, San
5 Rafael, CA 94901. On the date indicated below, I served the within document(s):
6 CASE MANAGEMENT STATEMENT
7
By transmitting via email from crichard@jsupplelaw.com, the document(s) listed above
8 to email address(es) set forth below on this date, in accordance with California Code of
Civil Procedure section 1010.6(e).
9
Attorneys for Plaintiffs
10
Wendy C. York, Esq.
11 Virginia L. Martucci, Esq.
YORK LAW CORPORATION
12 1111 Exposition Boulevard, Building 500
San Rafael, CA 94901
J SUPPLE LAW, PC
Sacramento, CA 95815
990 Fifth Avenue
13
Tel.: (916) 643-2200
14 Fax: (916) 643-4680
15 wyork@yorklawfirm.net
vmartucci@yorklawfirm.net
16 kmcfadden@yorklawfirm.net
jcamacho@yorklawfirm.net
17
18 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 U.S. Postal Service on that same
19 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
20 meter date is more than one day after the date of deposit for mailing in affidavit.
21
I declare under penalty of perjury under the laws of the State of California that the above
22 is true and correct.
23 Executed on April 21, 2023, at San Rafael, California.
24
25
26
27
28
-1-
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY JOHN L. SUPPLE (SBN 94582); ROBERT R. DEERING (SBN 258043); MATTHEW SCHROEDER (SBN 273361) J SUPPLE LAW, A Professional Corporation 990 FIFTH AVENUE SAN RAFAEL, CA 94901 TELEPHONE NO.: (415) 366-5533 FAX NO. (Optional): (415) 480-6301 Electronically Filed E-MAIL ADDRESS (Optional): jsupple@jsupplelaw.com; rdeering@jsupplelaw.com; mschroeder@jsupplelaw.com 4/21/2023 2:35 PM ATTORNEY FOR (NAME): Defendants COVENANT CARE CALIFORNIA, LLC dba TURLOCK Superior Court of California NURSING AND REHABILITATION CENTER and COVENANT CARE, LLC County of Stanislaus SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS Clerk of the Court By: Dora Perez, Deputy STREET ADDRESS: 801 10th Street MAILING ADDRESS: CITY AND ZIP CODE: Modesto, CA 95354 BRANCH NAME: PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his Successors- In-Interest SHEILA M. LOWE, et al. DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING AND REHABILITATION CENTER; et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE CV-20-004057 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 8, 2023 Time: 8:30 a.m. Dept.: 24 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Matthew Schroeder INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Defendants COVENANT CARE CALIFORNIA, LLC This statement is submitted by party (name): dba TURLOCK NURSING AND REHABILITATION CENTER and COVENANT CARE, LLC 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): September 18, 2020 b. The cross-complaint, if any, 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 complaint cross-complaint (Describe, including causes of action): Plaintiff alleges causes of action for: 1) Negligence /Negligence Per Se; 2) Abuse /Neglect of an Elder Adult; 3) Fraud/ Negligent Misrepresentation; 4) Negligent Hiring, Retention and Training; 5) Violation of Patient's Bill of Rights; and 6) Wrongful Death. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his CASE NUMBER: Successors-In-Interest SHEILA M. LOWE, an individual; et al. DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK CV-20-004057 NURSING AND REHABILITATION CENTER, et al. 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 Larry Dignes is now deceased. Prior to his death, he was admitted to Defendant’s skilled nursing facility from August 7, 2019 to August 23, 2019. Plaintiffs allege that their claims are based on Decedent’s residency at Defendants’ facility. Defendants filed an answer to the Complaint on January 20, 2021. Defendants deny all liability. Defendants’ motion to compel arbitration was granted and the parties are meeting and conferring regarding selection of a neutral. (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 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. 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): This is a complex medical negligence case and time is needed to complete the investigation and discovery. Further, the Court has ordered a stay of the Superior Court action pending arbitration. 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. days (specify number): 10-15 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: John L. Supple b. Firm: J Supple Law, PC c. Address: 990 Fifth Avenue, San Rafael, CA 94901 d. Telephone number: 415-366-5533 f. Fax number: 415-480-6301 e. E-mail address: jsupple@jsupplelaw.com g. Party represented: Defendants COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING AND REHABILITATION CENTER and COVENANT CARE, LLC 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 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) 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] CASE MANAGEMENT STATEMENT Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his CASE NUMBER: Successors-In-Interest SHEILA M. LOWE, an individual; et al. DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK CV-20-004057 NURSING AND REHABILITATION CENTER, et al. 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): March 22, 2023 Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference 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 (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his CASE NUMBER: Successors-In-Interest SHEILA M. LOWE, an individual; et al. DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK CV-20-004057 NURSING AND REHABILITATION CENTER, et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Ironshore Specialty Insurance Company b. Reservation of rights: Yes No None known at this time. 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 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): Potential motion to bifurcate negligence/neglect from corporate ratification/punitive damages. 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): The Court recently ordered this matter to arbitration. 16. Discovery a. The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Written Discovery Ongoing Defendant Plaintiff’s Deposition Ongoing Defendant Record Subpoenas Ongoing Defendant Witness/Treating Doctor Depositions Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: LARRY B. DIGNES (Decedent) by and through his CASE NUMBER: Successors-In-Interest SHEILA M. LOWE, an individual; et al. CV-20-004057 DEFENDANTS/RESPONDENTS: COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING AND REHABILITATION CENTER, et al. 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 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The Court recently ordered this matter to arbitration and has stayed the Superior Court action pending arbitration. 19. Meet and confer a. 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): 1 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: April 21, 2023 J SUPPLE LAW, PC Matthew Schroeder (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] CASE MANAGEMENT STATEMENT Page 5 of 5 American LegalNet, Inc. www.FormsWorkFlow.com MC-025 SHORT TITLE: DIGNES vs COVENANT CARE CALIFORNIA, LLC, et al. CASE NUMBER: CV-20-004057 ATTACHMENT (Number): 6c Page 1 of 1 (This Attachment may be used with any Judicial Council form.) (Add pages as required) 1 2 ATTACHMENT 6.c. to Case Management Statement 3 4 Trial Dates: 5 5/19/2023 6 6/1/2023 7 6/8/2023 6/12/2023 8 7/18/2023 9 7/24/2023 10 9/18/2023 11 9/25/2023 12 10/16/2023 13 11/6/2023 14 12/4/2023 15 12/12/2023 16 1/2/2024 1/16/2024 17 18 2/6/2024 2/16/2024 19 3/15/2024 20 3/26/2024 21 4/2/2024 22 4/8/2024 4/22/2024 23 6/24/2024 24 25 8/5/2024 26 27 1 Re: Dignes v. Covenant Care California, LLC, et al. Stanislaus County Superior Court Case No. CV-20-004057 2 PROOF OF SERVICE 3 4 I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is J SUPPLE LAW, PC, 990 Fifth Avenue, San 5 Rafael, CA 94901. On the date indicated below, I served the within document(s): 6 CASE MANAGEMENT STATEMENT 7 By transmitting via email from crichard@jsupplelaw.com, the document(s) listed above 8 to email address(es) set forth below on this date, in accordance with California Code of Civil Procedure section 1010.6(e). 9 Attorneys for Plaintiffs 10 Wendy C. York, Esq. 11 Virginia L. Martucci, Esq. YORK LAW CORPORATION 12 1111 Exposition Boulevard, Building 500 San Rafael, CA 94901 J SUPPLE LAW, PC Sacramento, CA 95815 990 Fifth Avenue 13 Tel.: (916) 643-2200 14 Fax: (916) 643-4680 15 wyork@yorklawfirm.net vmartucci@yorklawfirm.net 16 kmcfadden@yorklawfirm.net jcamacho@yorklawfirm.net 17 18 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 U.S. Postal Service on that same 19 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage 20 meter date is more than one day after the date of deposit for mailing in affidavit. 21 I declare under penalty of perjury under the laws of the State of California that the above 22 is true and correct. 23 Executed on April 21, 2023, at San Rafael, California. 24 25 26 27 28 -1- PROOF OF SERVICE