Preview
Electronically Filed Superior Court of CA County of Contra Costa 10/13/2023 12:44 PM By: S. Gonzalez, Deputy
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Chet A. Kronenberg (SBN: 222335)
Simpson Thacher & Bartlett LLP
1999 Avenue of the Stars, 29th Floor, Los Angeles, CA 90067
TELEPHONE NO.: (310) 407-7500 FAX NO. (Optional): (310) 407-7502
E-MAIL ADDRESS: ckronenberg@stblaw.com
ATTORNEY FOR (Name): Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Contra Costa
STREET ADDRESS: 725 Court Street
MAILING ADDRESS: 725 Court Street
CITY AND ZIP CODE: Martinez, California
BRANCH NAME: Wakefield Taylor Courthouse
PLAINTIFF/PETITIONER: Dennis Bullard
DEFENDANT/RESPONDENT: Aptive Environmental, LLC; Aptive Environmental GP, LLC
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE C23-01524
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 10/20/2023 Time: 8:30 A.M. Dept.: 12 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Aptive Environmental, LLC and Aptive Environmental GP, 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): June 21, 2023
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 complaint cross-complaint (Describe, including causes of action):
Plaintiff, a former employee of Defendant Aptive Environmental, LLC, alleges a myriad of individual and class wage and hour
claims.
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. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
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 brings claims for violations of California Labor Code §§ 201, 202, 203, 204, 226(a), 226.7, 510, 512(a), 1174(d), 1194,
1197, 1197.1, 1198, 2800, and 2802 and violations of California Business & Professions Code §§ 17200 et seq. Defendants
dispute each of these claims and believe that Plaintiff is bound by the arbitration agreement he signed.
(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):
Plaintiff has requested 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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 4-5 (in the event arbitration is not compelled)
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:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
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 of the California Rules of Court 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. September 1, 2021] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
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):
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
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
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): Defendants intend to move to compel binding arbitration.
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):
If Defendants' motion to compel arbitration is denied, Defendants anticpate bufurcating liability and damages phases if the
case proceeds to trial.
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendants intend to move to compel arbitration and dismiss class claims based on the class action waiver in the arbitration agreement. Defendants
respectfully submit that discovery should remained stayed pending resolution of the motion to compel arbitration and dismiss class claims. In the event
this case is not compelled to arbitration, Defendants may move against the complaint and may file a motion for summary adjudication.
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
Defendants N/A given anticipated motion to compel arbitration.
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
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):
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): 0
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: 10/13/2023
Chet A. Kronenberg
(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. September 1, 2021] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2 I declare that I am over the age of eighteen (18) and not a party to this action. My
3 business address is 1999 Avenue of the Stars, 29th Floor, Los Angeles, California 90067.
4 On October 13, 2023, I caused to be served the following document(s):
5 DEFENDANTS APTIVE ENVIRONMENTAL, LLC’S AND APTIVE
ENVIRONMENTAL GP, LLC’S CASE MANAGEMENT STATEMENT
6
on the interested party(ies) in this action by the following means of service:
7
Cody Payne Attorneys for Plaintiff
8 Kim Nguyen DENNIS BULLARD
PAYNE NGUYEN, LLP
9 100 Wilshire Boulevard, Suite 700
Santa Monica, California 90401
10 Telephone: (310) 360-9882
Facsimile: (310) 928-7469
11 E-Mail: cody@paynellp.com
E-Mail: kim@paynellp.com
12
David D. Bibiyan
13 Jeffrey D. Klein
BIBIYAN LAW GROUP, P.C.
14 8484 Wilshire Boulevard, Suite 500
Beverly Hills, California 90211
15 Telephone: (310) 438-5555
Facsimile: (310) 300-1705
16 E-Mail: david@tomorrowlaw.com
E-Mail: jeff@tomorrowlaw.com
17
18 [ELECTRONIC MAIL] I caused to be delivered by electronic mail, digitized copies of
the above-referenced document(s) to the party(ies) listed above.
19
20 I declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct.
22 Executed on October 13, 2023, at Los Angeles, California.
23
24 Andrea Parisi
25
26
27
28
PROOF OF SERVICE
CASE NO. C23-01524
Preview
Electronically Filed Superior Court of CA County of Contra Costa 10/13/2023 12:44 PM By: S. Gonzalez, Deputy CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Chet A. Kronenberg (SBN: 222335) Simpson Thacher & Bartlett LLP 1999 Avenue of the Stars, 29th Floor, Los Angeles, CA 90067 TELEPHONE NO.: (310) 407-7500 FAX NO. (Optional): (310) 407-7502 E-MAIL ADDRESS: ckronenberg@stblaw.com ATTORNEY FOR (Name): Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF Contra Costa STREET ADDRESS: 725 Court Street MAILING ADDRESS: 725 Court Street CITY AND ZIP CODE: Martinez, California BRANCH NAME: Wakefield Taylor Courthouse PLAINTIFF/PETITIONER: Dennis Bullard DEFENDANT/RESPONDENT: Aptive Environmental, LLC; Aptive Environmental GP, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE C23-01524 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/20/2023 Time: 8:30 A.M. Dept.: 12 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Aptive Environmental, LLC and Aptive Environmental GP, 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): June 21, 2023 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 complaint cross-complaint (Describe, including causes of action): Plaintiff, a former employee of Defendant Aptive Environmental, LLC, alleges a myriad of individual and class wage and hour claims. 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. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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 brings claims for violations of California Labor Code §§ 201, 202, 203, 204, 226(a), 226.7, 510, 512(a), 1174(d), 1194, 1197, 1197.1, 1198, 2800, and 2802 and violations of California Business & Professions Code §§ 17200 et seq. Defendants dispute each of these claims and believe that Plaintiff is bound by the arbitration agreement he signed. (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): Plaintiff has requested 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 4-5 (in the event arbitration is not compelled) 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: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: 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 of the California Rules of Court 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. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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): 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 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No 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): Defendants intend to move to compel binding arbitration. 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): If Defendants' motion to compel arbitration is denied, Defendants anticpate bufurcating liability and damages phases if the case proceeds to trial. 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendants intend to move to compel arbitration and dismiss class claims based on the class action waiver in the arbitration agreement. Defendants respectfully submit that discovery should remained stayed pending resolution of the motion to compel arbitration and dismiss class claims. In the event this case is not compelled to arbitration, Defendants may move against the complaint and may file a motion for summary adjudication. 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 Defendants N/A given anticipated motion to compel arbitration. c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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): 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): 0 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: 10/13/2023 Chet A. Kronenberg (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. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 I declare that I am over the age of eighteen (18) and not a party to this action. My 3 business address is 1999 Avenue of the Stars, 29th Floor, Los Angeles, California 90067. 4 On October 13, 2023, I caused to be served the following document(s): 5 DEFENDANTS APTIVE ENVIRONMENTAL, LLC’S AND APTIVE ENVIRONMENTAL GP, LLC’S CASE MANAGEMENT STATEMENT 6 on the interested party(ies) in this action by the following means of service: 7 Cody Payne Attorneys for Plaintiff 8 Kim Nguyen DENNIS BULLARD PAYNE NGUYEN, LLP 9 100 Wilshire Boulevard, Suite 700 Santa Monica, California 90401 10 Telephone: (310) 360-9882 Facsimile: (310) 928-7469 11 E-Mail: cody@paynellp.com E-Mail: kim@paynellp.com 12 David D. Bibiyan 13 Jeffrey D. Klein BIBIYAN LAW GROUP, P.C. 14 8484 Wilshire Boulevard, Suite 500 Beverly Hills, California 90211 15 Telephone: (310) 438-5555 Facsimile: (310) 300-1705 16 E-Mail: david@tomorrowlaw.com E-Mail: jeff@tomorrowlaw.com 17 18 [ELECTRONIC MAIL] I caused to be delivered by electronic mail, digitized copies of the above-referenced document(s) to the party(ies) listed above. 19 20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct. 22 Executed on October 13, 2023, at Los Angeles, California. 23 24 Andrea Parisi 25 26 27 28 PROOF OF SERVICE CASE NO. C23-01524