Preview
1 Plaintiffs’ Liaison Counsel:
2 AARON M. HECKAMAN (Pro Hac Vice forthcoming)
BAILEY COWAN HECKAMAN PLLC
3 1360 Post Oak Boulevard, Suite 2300
Houston, TX 77056
4 Telephone: (713) 425-7100
Facsimile: (713) 425-7101
5 E-mail: aheckaman@bchlaw.com
E-mail: onewheel@bchlaw.com
6
ANYA FUCHS, ESQ. (SBN 215105) Minneapolis, MN 55401
7 PEARCE LEWIS LLP Telephone: (612) 305-7500
423 Washington Street, Suite 510 Facsimile: (612) 305-7501
8 San Francisco, CA 94111 Service E-mail: FMService@nilanjohnson.com
Telephone: (415) 964-5225
9 Facsimile: (415) 830-9879 SHANNON M. NESSIER, ESQ. (SBN 267644)
E-mail: anya@pearcelewis.com KAYLEN KADOTANI, ESQ. (SBN 294114)
10 E-mail: PLOnewheel@pearcelewis.com CARSON R. NIELLO, ESQ. (SBN 329970)
11 HANSON BRIDGETT LLP
Defendant’s Liaison Counsel: 425 Market Street, 26th Floor
12 San Francisco, CA 94105
JOHN J. WACKMAN, ESQ. (Pro Hac Vice Telephone: (415) 777-3200
13 forthcoming) Facsimile: (415) 541-9366
CHRISTINE M. MENNEN, ESQ. (admitted Pro E-Mail: snessier@hansonbridgett.com
14 Hac Vice) E-mail: kkadotani@hansonbridgett.com
PABLO OROZCO, ESQ. (SBN 274267) E-mail: cniello@hansonbridgett.com
15 NILAN JOHNSON LEWIS PA
250 Marquette Avenue South, Suite 800
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17 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA CRUZ
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20 COORDINATION PROCEEDING Judicial Council Coordination Proceeding (JCCP)
SPECIAL TITLE [Rule 3.550] No. 5305
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IN RE: FUTURE MOTION ONEWHEEL Assigned for all purposes to:
22 CASES Judge Timothy R. Volkmann, Dept. 5
________________________________________
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[JOINT PROPOSED] CASE MANAGEMENT
24 THIS DOCUMENT RELATES TO: ORDER NO. 1
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ALL CASES
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1 Case Management Order No. 1
1 Pursuant to California Rule of Court (“CRC”) Rule 3.541, having considered the comments and
2 proposals presented to the Court, and good cause appearing, the Court hereby Orders with respect to the
3 personal injury Future Motion Onewheel Cases (Judicial Council Coordinated Proceeding “JCCP”
4 5305) as follows:
5 I. SCOPE OF ORDER
6 The practice and procedures set forth in the instant Case Management Order No. 1 (“CMO 1”),
7 as with all case management and other Orders entered by this Court, shall govern and shall be binding
8 on all parties and their counsel in the included actions to JCCP 5305, whether originally identified as an
9 “included action” or as later transferred action via the add-on procedure. Only if an Order explicitly
10 states that it governs specific cases shall that Order not govern all of the actions to JCCP 5305. This
11 CMO 1 does not constitute a determination that cases should be consolidated for trial, and does not
12 have the effect of making any person or entity a party to an action in which he, she, or it has not been
13 named and served.
14 II. MASTER JCCP DOCKET / REGISTER OF ACTIONS AND CASE FILE
15 The Clerk of this Court shall maintain the docket of this JCCP, with a register of actions, using
16 Case No. 22CV00518 (originally, and currently, assigned to the case entitled Myles Allingham v.
17 Future Motion, Inc.) under the style captioned FUTURE MOTION ONEWHEEL CASES JUDICIAL
18 COUNCIL COORDINATED PROCEEDING NO. 5305 (“JCCP 5305”). All Orders, pleadings,
19 motions and other documents will, when filed and docketed in JCCP 5305, be deemed filed and
20 docketed in each included action to the extent applicable. When a pleading is intended to apply to all
21 actions, this shall be indicated by the words: “This Document Relates To: ALL CASES.” When a
22 pleading is intended to apply to fewer than all cases, this Court’s case number for each individual case
23 to which the document relates shall appear immediately after the words “This Document Relates To.”
24 All documents filed in JCCP 5305 shall bear a caption similar to the instant CMO 1.
25 III. STAY OF INDIVIDUAL PROCEEDINGS
26 To effectuate the orderly administration of this JCCP, the parties have agreed, and the Court
27 orders, that any personal injury cases against Future Motion, Inc. identified as a potential add-on case
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2 Case Management Order No. 1
1 to this Proceeding is ordered stayed except as to the specific proceedings outlined in CMO 1 or in any
2 subsequent orders entered by the Court.
3 Except as otherwise outlined in CMO 1, or in any subsequent Order, all discovery previously
4 served on any party in any case included in this Proceeding, or in any case identified as an add-on case,
5 and any responsive pleading due to any such case, are hereby stayed until further Order of this Court.
6 All discovery and motion practice shall hereinafter be initiated and coordinated through Co-Liaison and
7 Leadership Counsel as shall be appointed by the Court. This stay does not preclude the parties from
8 meeting and conferring on discovery or other issues to facilitate the efficient progress of this
9 Proceeding.
10 Any California state court Future Motion case not yet identified as an add-on case shall be
11 subject to this stay once identified as an add-on case by any party. For cases not yet coordinated in this
12 Proceeding or identified as an add-on case, the party who identifies the case as an add-on case shall
13 have the responsibility of serving the other parties in that case, at the same time as the case is identified
14 to this Court as an add-on case, with a copy of each Case Management Order entered in JCCP 5305
15 unless the party’s counsel of record has already appeared in this Proceeding for another party and for
16 filing a Notice of Stay of Proceedings in the originating Court.
17 IV. ATTORNEY ADMISSION
18 Pro hac vice admission in an included action prior to coordination is sufficient to allow an
19 appearance in these coordinated proceedings and in any other included action in which the attorney
20 represents a party. Admission on behalf of a party that is a corporation also encompasses appearance on
21 behalf of past or present employees of that corporation. Counsel having been admitted pro hac vice in
22 an included action prior to coordination shall file a copy of the order of admission in this JCCP
23 proceeding.
24 An attorney who is admitted pro hac vice in these coordinated proceedings need not file a pro
25 hac vice application in any other included action in which he or she represents a party unless and until a
26 remand (CRC Rule 3.542) or transfer (CRC Rule 3.543) results in an action no longer being included in
27 these coordinated proceedings. Admission on behalf of a party that is a corporation also encompasses
28 appearance on behalf of past or present employees of that corporation.
3 Case Management Order No. 1
1 Pro hac vice renewal fees pursuant to California Government Code § 70617(e)(2) shall be
2 deposited with the Clerk of this Court.
3 V. NOTICE OF APPEARANCE
4 All Plaintiff’s attorneys seeking to appear in this JCCP who do not already represent one or
5 more Plaintiffs identified as amongst the originally “included actions” to the JCCP must file a Notice of
6 Appearance in the JCCP docket and in all individual cases in which the attorney is an attorney of
7 record.
8 VI. ELECTRONIC FILING AND SERVICE
9 The parties agree that this proceeding is subject to mandatory electronic filing pursuant to Local
10 Rule 1.3.
11 The parties further agree that electronic service is efficient and appropriate in this action, both
12 by the parties and, at its discretion, the Court, for any documents that are applicable to all cases. To that
13 end, the Court requires that for purposes of service of any document applicable to all cases, the parties
14 shall use the e-service provider known as File&ServeXpress. Each firm of record for the litigants of
15 this JCCP is required to sign up with File&ServeXpress and will be individually responsible for
16 payment of applicable fees.
17 Notwithstanding any provisions to the contrary in this CMO 1, the responsibility of any party
18 (including Liaison or Lead Counsel) to serve any other party (except for service of process or service
19 required under a statute or court rule to be personal service) or to provide notice to any other party,
20 shall be deemed complete with the completion of electronic service.
21 These agreements pertaining to electronic filing and service of electronically filed documents
22 are approved via CRC Rules 2.251 and 2.253.
23 Documents that are not applicable to all cases may be served via electronic mail to all counsel
24 of record in the particular case in which the documents are being served or via File&ServeXpress at the
25 serving party’s discretion. Copies shall also be served upon liaison counsel. Plaintiffs’ Liaison Counsel
26 may be served via email using the following address: jccp5305leadership@pearcelewis.com.
27 Defendant’s Liaison Counsel may be served via email using the following address:
28 fmservice@nilanjohnson.com.
4 Case Management Order No. 1
1 VII. COMMUNICATIONS AMONG PLAINTIFFS’ COUNSEL AND AMONG
2 DEFENDANTS’ COUNSEL
3 In recognition that cooperation among counsel and the parties is essential for the orderly and
4 expeditious resolution of the litigation, any cooperative effort shall not in any way be used again any
5 party, be cited as purported evidence of conspiracy or wrongful conduct, and shall not be
6 communicated to any jury. The communication, transmission, or dissemination of information of
7 common interest among Plaintiffs’ counsel, between Plaintiffs’ counsel, and Plaintiffs, among
8 Defendants’ counsel, or between Defendants’ counsel and Defendants (including their employees and
9 agents), in this proceeding shall be protected by the attorney-client privilege, the attorney work-product
10 doctrine, the protections afforded to material prepared for litigation, or by any other privilege to which
11 a party is otherwise entitled.
12 VIII. COMPLIANCE WITH RULES REGARDING EX PARTE COMMUNICATIONS WITH
13 COURT.
14 All parties and their counsel shall comply with the Rules of Professional Conduct, specifically
15 Rule 5-300, and with the published procedural guidelines of this Court with respect to communications
16 with the Court and Court staff. Any pleading filed in this JCCP must be served simultaneously on all
17 Lead and Liaison Counsel in the same manner and at the same time as it is filed. All Liaison Counsel
18 shall be copied on all e-mails with the Court’s clerk.
19 IX. SERVICE BY COURT TO LIAISON COUNSEL
20 The Court, as previously stated in Paragraph VI, may at its discretion serve documents that are
21 applicable to all cases via File&ServeXpress. The Court may, at its discretion, serve only Plaintiffs’
22 Liaison Counsel and Defendants’ Liaison Counsel with any Order, notice, or other paper, and direct
23 Liaison Counsel to serve all remaining parties by whatever means such Liaison Counsel deem(s)
24 appropriate. Plaintiffs’ Liaison Counsel may be served via email using the following address:
25 jccp5305leadership@pearcelewis.com. Defendant’s Liaison Counsel may be served via email using the
26 following address: fmservice@nilanjohson.com.
27 ///
28 ///
5 Case Management Order No. 1
1 X. COMMUNICATIONS WITH THE COURT
2 All communications from the Plaintiffs with the Court must be through a member of the
3 Plaintiffs’ leadership team. All communications from the Defendant(s) with the Court must be through
4 a member of the Defendant’s leadership team.
5 XI. ADD-ON PROCEDURE
6 A. Application of CRC Rule 3.544
7 The add-on procedures set forth in CRC Rule 3.544 apply. Pursuant to that Rule, when a
8 potential add-on case is identified, a request by way of a Petition to Coordinate Add-On Case[s] (“Add-
9 On Petition”) must be promptly filed directly with the Coordination Trial Judge in JCCP 5305.
10 Permission to do so is deemed granted pursuant to CRC Rule 3.520.
11 All Add-On Petitions must clearly identify the petitioner, so that the resulting Order can clearly
12 identify the party upon whom the filing and service requirements of CRC Rule 3.529(a) fall. The
13 notices required under CRC 3.522 and 3.523 (“Notice”) need only be filed in the subject add-on case[s]
14 and must be filed together with a Judicial Council Form CM- 180 Notice of Stay of Proceedings with
15 section 3(e) indicating “Petition to Coordinate Add-On Case pending.” The Notice must be served on
16 the Chair of the Judicial Council at the following address:
17 Chair, Judicial Council of California
Administrative Offices of the Courts
18 Attn: Appellate Court Services
455 Golden Gate Avenue, 5" Floor
19 San Francisco, CA 94102
20 The Notice must also be served, together with copies of all Case Management Orders entered in
21 JCCP 5305 and the Notice of Stay of Proceedings, on the parties appearing in the subject add-on
22 case[s], and on Co-Liaison Counsel. As set forth in CRC Rule 3.544(a), the filing of an Add-On
23 Petition must be accompanied by a proof of service reflecting the above. Counsel who already represent
24 a plaintiff in an action coordinated in this Proceeding and who file a new action on behalf of another
25 plaintiff shall file and serve an Add-On Petition for the new action at the time they serve the complaint
26 in that new action. Failure to include a proof of service will result in the denial of the
27 Add-On Petition without prejudice.
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6 Case Management Order No. 1
1 In the event all parties to a potential add-on case agree that the action is complex and meets the
2 standards for coordination in this Proceeding as an add-on case, in lieu of a complete Add-On Petition,
3 the parties may submit a stipulation seeking coordination that demonstrates that the criteria for
4 coordination have been satisfied, along with a proposed order, and proof of service reflecting
5 compliance with the service requirements of CRC Rule 3.544(a). Counsel who already represent a
6 plaintiff in an action coordinated in this Proceeding and who file a new action on behalf of another
7 plaintiff shall be responsible for drafting the stipulation seeking coordination and for serving and filing
8 it after receiving consent from Defendant’s counsel.
9 B. Opposition to Coordination
10 Within ten (10) calendar days from the date of filing and service of an Add-On Petition, any
11 party may file and serve a Notice of Opposition to Coordination, including points and authorities and
12 other relevant materials pursuant to CRC Rule 3.544(b). The Court may, but need not, set a hearing for
13 determining whether the case[s] should be coordinated. If a hearing is set, an order will be issued with
14 hearing date and time, briefing schedule, and directions for service of the order. If no notice of
15 opposition is filed, the Court will issue its order granting or denying the Add-On Petition without
16 setting a hearing.
17 XII. CASE MANAGEMENT CONFERENCES
18 Case Management Conferences shall be held, approximately, once every six weeks until further
19 Order dictating otherwise.
20 A. Status Conference Statement and Agenda
21 The parties shall meet and confer through Liaison Counsel at least ten (10) calendar days before
22 each status conference on an agenda, which shall be filed with the Court and served on all parties by the
23 parties’ Liaison Counsel at least three (3) court days before the status conference.
24 XIII. PLAINTIFF FACT SHEETS
25 Attached hereto as Exhibit A is the Plaintiff Fact Sheet (“PFS”) that the parties have agreed
26 shall be used in this JCCP. Each Plaintiff (or, if a Plaintiff is suing in a representative or derivative
27 capacity, the person with the legal authority to represent the Plaintiff) and /or the Plaintiff’s legal
28 counsel, for each case that is now or in the future coordinated into this JCCP must complete and serve a
7 Case Management Order No. 1
1 PFS within the time period and via the procedure to be identified in a subsequent forthcoming order.
2 Every PFS must be verified and signed by the Plaintiff.
3 XIV. APPLICATIONS OF LOCAL RULES
4 Unless otherwise set forth in this Order, the parties shall comply with the Local Rules of this
5 Court, as well as the individual rules and preferences of the presiding Judge and any Special Master
6 assigned to this matter.
7
8 IT IS SO ORDERED.
9
10 Dated:_____________________ _____________________________________
HONORABLE TIMOTHY VOLKMANN
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8 Case Management Order No. 1
PROOF OF SERVICE
1
I certify that I am over the age of 18 years and not a party to the within action; that my business
2 address is 423 Washington Street, Suite 510, San Francisco, CA 94111; and that on this date I served a
true copy of the document(s) entitled:
3
4 - [JOINT PROPOSED] CASE MANAGEMENT ORDER NO. 1
5 Service was effectuated by forwarding the above-noted document in the following manner:
6
[XX] By Electronic Service via e-mail to: See below service list.
7
8 I declare under penalty of perjury, under the law of the State of California, that the foregoing is
true and correct.
9
Executed on March 11, 2024, at Rosemead, CA.
10
11 Quyen (Nathalie) Luong
12
13 Future Motion Onewheel Cases
Judicial Council Coordinated Proceeding No. 5305
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1 Proof of Service
SERVICE LIST
1 Pablo Orozco, Esq.
Nilan Johnson Lewis PA
2 250 Marquette Avenue South, Suite 800
Minneapolis, MN 55401
3 Email: fmservice@nilanjohnson.com
4
Shannon M. Nessier
5 Kaylen Kadotani
Carson R. Niello
6 Hanson Bridgett LLP
425 Market Street, 26th Floor
7 San Francisco, CA 94105
Email: snessier@hansonbridgett.com
8 kkadotani@hansonbridgett.com
cniello@hansonbridgett.com
9
Michael C. Sutton, Esq.
10 Sutton & Murphy
26056 Acero
11 Mission Viejo, CA 92691
Email: msutton@suttonmurphy.com
12
Heather L. Mills, Esq.
13 Jonathan E. Tarkowski, Esq.
Skane Mills LLP
14 1055 West 7th Street, Suite 1700
Los Angeles CA 90017
15 Email: hmills@skanemills.com
16 jtarkowski@skanemills.com
ibouffard@skanemills.com
17 bevangelista@skanemills.com
18 Robert A. Shields, Esq.
Jason M. Avelar, Esq.
19 Kaitlin E. Preston
Wilson Turner Kosmo LLP
20 402 West Broadway, Suite 1600
San Diego, CA 92101
21 Email: rshields@wilsonturnerkosmo.com
javelar@wilsonturnerkosmo.com
22 warrantyservice@wilsonturnerkosmo.com
kpreston@wilsonturnerkosmo.com
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Attorneys for Defendant, Future Motion, Inc.
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2 Proof of Service
Counsel for Plaintiffs in all included actions:
1
Aaron M. Heckaman
2 Hayden N. Wyatt
Bailey Cowan Heckaman PLLC
3 1360 Post Oak Boulevard, Suite 2300
4 Email: aheckaman@bchlaw.com
hwyatt@bchlaw.com
5 onewheel@bchlaw.com
6 Elise R. Sanguinetti
Jamie G. Goldstein
7 Arias, Sanguinetti, Wang & Torrijos, LLP
2200 Powell Street, Suite 740
8 Emeryville, CA 94608
Email: elise@aswtlawyers.com
9 jamie@aswtlawyers.com
10 Lowell McKelvey
McKelvey Law LLC
11 1205 NW 25th Ave.
Portland, OR 97210
12 Email: lowell@mckelveylaw.com
13 Michael M. Gallagher
Morgan & Morgan
14 20 N. Orange Ave., Suite 1600
Orlando, Florida 32801
15 Email: michaelgallagher@forthepeople.com
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Michael B. Padilla
17 Jeffrey Padilla
The Padilla Group, LLC
18 320 Encinitas Blvd., Suite A
Encinitas, CA 92024
19 Email: padilla@padillalawgroup.com
jpadilla@padillalawgroup.com
20
John Nojima
21 Lederer & Nojima
2100 Wilshire Boulevard, Suite 480
22 Los Angeles, CA 90025
Email: jnojima@LNTLB.com
23
Taylor Ernst
24 Ernst Law Group
1020 Palm Street
25 San Luis Obispo, CA 93401
Email: te@ernstlawgroup.com
26 er@ernstlawgroup.com
27 Robert H. Bohn, Jr.
28 Bohn & Fletcher, LLP
333 W Santa Clara Street, Suite 620
3 Proof of Service
San Jose, CA 95113
1 Email: rob@bohnlaw.com
2 Arthur Petrousian
Morgan & Morgan
3 633 West Fifth Street, Suite 2200
4 Los Angeles, CA 90071
Email: apetrousian@forthepeople.com
5
Clayeo C. Arnold
6 John Thomas Stralen
Clayeo C. Arnold,
7 A Professional Law Corporation
865 Howe Avenue
8 Sacramento, CA 95825
Email: jstralen@justice4you.com
9
Barry Novack
10 Samuel Winokur
The Law Office of Barry Novack
11 8383 Wilshire Blvd., Suite 830
Beverly Hills, CA 90211
12 Email: novack@novacklaw.com
samuel@novacklaw.com
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Elinor Leary
14 Derek F. Monte
The Veen Firm, P.C.
15 20 Haight Street
16 San Francisco, CA 94102
Email: EL.Team@VeenFirm.com
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R. Michael Lieberman
18 Law Offices of R. Michael Lieberman
1398 Post Street
19 San Francisco, CA 94109
Email: michael@spark84.com
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Don A. Ernst
21 Ernst Law Group
1020 Palm St.
22 San Luis Obispo, CA 93401
Email: dae@ernstlawgroup.com
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Oliver Shami
24 Law Office of Oliver Shami, APC
380 South Melrose Drive, #363
25 Vista, CA 92081
Email: oliver@olivershamilaw.com
26
Laurence Tien
27 Bailey Cowan Heckaman PLLC
28 1360 Post Oak Blvd., Suite 2300
Houston, TX 77056
4 Proof of Service
Email: ltien@bchlaw.com
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John Kevin Crowley
2 Attorney at Law
125 S. Market Street, Suite 1200
3 San Jose, CA 95113
4 Email: jkclaw@pacbell.net
5 Nevin C. Brownfield
Brownfield Law PC
6 2007B Notre Dame Avenue
San Jose, CA 95113
7 Email: nevin@brownfieldlegal.com
8 Noemi Nunez Esparza
Dreyer Babich Buccola Wood Campora, LLP
9 20 Bicentennial Circle
Sacramento, CA 95826
10 Email: nesparza@dbbwc.com
Dbbwc-eservice@dbbwc.com
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Jennifer Shimer
12 154 West 8th Street Unit 14-S
South Boston, Massachusetts 02127
13 Email: jennshimer@gmail.com
In Pro Per
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Abdalla Innabi
15 Innabi Law Group
16 2500 E Colorado Blvd., Suite 230
Pasadena CA 91107
17 Email: abdalla@innabi-LG.com
18 Austin L. Alfonso
Alfonso & Berriz, APC
19 30300 Agoura Road, Suite 150
Agoura Hills, CA 91301
20 Email: austin@alfonsoandberriz.com
21 Robert J. Ounijian
Carpenter & Zuckerman, LLP
22 8827 West Olympic Blvd.
Beverly Hills, CA 90211
23 Email: robert@cz.law
24 Victoria A. Silver
Law Office of Victoria A. Silver
25 21201 Victory Blvd., Suite 200
Canoga Park, CA 91303
26 Email: vsilverlawoffice@sbcglobal.net
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5 Proof of Service
Preview
1 Plaintiffs’ Liaison Counsel: 2 AARON M. HECKAMAN (Pro Hac Vice forthcoming) BAILEY COWAN HECKAMAN PLLC 3 1360 Post Oak Boulevard, Suite 2300 Houston, TX 77056 4 Telephone: (713) 425-7100 Facsimile: (713) 425-7101 5 E-mail: aheckaman@bchlaw.com E-mail: onewheel@bchlaw.com 6 ANYA FUCHS, ESQ. (SBN 215105) Minneapolis, MN 55401 7 PEARCE LEWIS LLP Telephone: (612) 305-7500 423 Washington Street, Suite 510 Facsimile: (612) 305-7501 8 San Francisco, CA 94111 Service E-mail: FMService@nilanjohnson.com Telephone: (415) 964-5225 9 Facsimile: (415) 830-9879 SHANNON M. NESSIER, ESQ. (SBN 267644) E-mail: anya@pearcelewis.com KAYLEN KADOTANI, ESQ. (SBN 294114) 10 E-mail: PLOnewheel@pearcelewis.com CARSON R. NIELLO, ESQ. (SBN 329970) 11 HANSON BRIDGETT LLP Defendant’s Liaison Counsel: 425 Market Street, 26th Floor 12 San Francisco, CA 94105 JOHN J. WACKMAN, ESQ. (Pro Hac Vice Telephone: (415) 777-3200 13 forthcoming) Facsimile: (415) 541-9366 CHRISTINE M. MENNEN, ESQ. (admitted Pro E-Mail: snessier@hansonbridgett.com 14 Hac Vice) E-mail: kkadotani@hansonbridgett.com PABLO OROZCO, ESQ. (SBN 274267) E-mail: cniello@hansonbridgett.com 15 NILAN JOHNSON LEWIS PA 250 Marquette Avenue South, Suite 800 16 17 SUPERIOR COURT OF THE STATE OF CALIFORNIA 18 COUNTY OF SANTA CRUZ 19 20 COORDINATION PROCEEDING Judicial Council Coordination Proceeding (JCCP) SPECIAL TITLE [Rule 3.550] No. 5305 21 IN RE: FUTURE MOTION ONEWHEEL Assigned for all purposes to: 22 CASES Judge Timothy R. Volkmann, Dept. 5 ________________________________________ 23 [JOINT PROPOSED] CASE MANAGEMENT 24 THIS DOCUMENT RELATES TO: ORDER NO. 1 25 ALL CASES 26 27 28 1 Case Management Order No. 1 1 Pursuant to California Rule of Court (“CRC”) Rule 3.541, having considered the comments and 2 proposals presented to the Court, and good cause appearing, the Court hereby Orders with respect to the 3 personal injury Future Motion Onewheel Cases (Judicial Council Coordinated Proceeding “JCCP” 4 5305) as follows: 5 I. SCOPE OF ORDER 6 The practice and procedures set forth in the instant Case Management Order No. 1 (“CMO 1”), 7 as with all case management and other Orders entered by this Court, shall govern and shall be binding 8 on all parties and their counsel in the included actions to JCCP 5305, whether originally identified as an 9 “included action” or as later transferred action via the add-on procedure. Only if an Order explicitly 10 states that it governs specific cases shall that Order not govern all of the actions to JCCP 5305. This 11 CMO 1 does not constitute a determination that cases should be consolidated for trial, and does not 12 have the effect of making any person or entity a party to an action in which he, she, or it has not been 13 named and served. 14 II. MASTER JCCP DOCKET / REGISTER OF ACTIONS AND CASE FILE 15 The Clerk of this Court shall maintain the docket of this JCCP, with a register of actions, using 16 Case No. 22CV00518 (originally, and currently, assigned to the case entitled Myles Allingham v. 17 Future Motion, Inc.) under the style captioned FUTURE MOTION ONEWHEEL CASES JUDICIAL 18 COUNCIL COORDINATED PROCEEDING NO. 5305 (“JCCP 5305”). All Orders, pleadings, 19 motions and other documents will, when filed and docketed in JCCP 5305, be deemed filed and 20 docketed in each included action to the extent applicable. When a pleading is intended to apply to all 21 actions, this shall be indicated by the words: “This Document Relates To: ALL CASES.” When a 22 pleading is intended to apply to fewer than all cases, this Court’s case number for each individual case 23 to which the document relates shall appear immediately after the words “This Document Relates To.” 24 All documents filed in JCCP 5305 shall bear a caption similar to the instant CMO 1. 25 III. STAY OF INDIVIDUAL PROCEEDINGS 26 To effectuate the orderly administration of this JCCP, the parties have agreed, and the Court 27 orders, that any personal injury cases against Future Motion, Inc. identified as a potential add-on case 28 2 Case Management Order No. 1 1 to this Proceeding is ordered stayed except as to the specific proceedings outlined in CMO 1 or in any 2 subsequent orders entered by the Court. 3 Except as otherwise outlined in CMO 1, or in any subsequent Order, all discovery previously 4 served on any party in any case included in this Proceeding, or in any case identified as an add-on case, 5 and any responsive pleading due to any such case, are hereby stayed until further Order of this Court. 6 All discovery and motion practice shall hereinafter be initiated and coordinated through Co-Liaison and 7 Leadership Counsel as shall be appointed by the Court. This stay does not preclude the parties from 8 meeting and conferring on discovery or other issues to facilitate the efficient progress of this 9 Proceeding. 10 Any California state court Future Motion case not yet identified as an add-on case shall be 11 subject to this stay once identified as an add-on case by any party. For cases not yet coordinated in this 12 Proceeding or identified as an add-on case, the party who identifies the case as an add-on case shall 13 have the responsibility of serving the other parties in that case, at the same time as the case is identified 14 to this Court as an add-on case, with a copy of each Case Management Order entered in JCCP 5305 15 unless the party’s counsel of record has already appeared in this Proceeding for another party and for 16 filing a Notice of Stay of Proceedings in the originating Court. 17 IV. ATTORNEY ADMISSION 18 Pro hac vice admission in an included action prior to coordination is sufficient to allow an 19 appearance in these coordinated proceedings and in any other included action in which the attorney 20 represents a party. Admission on behalf of a party that is a corporation also encompasses appearance on 21 behalf of past or present employees of that corporation. Counsel having been admitted pro hac vice in 22 an included action prior to coordination shall file a copy of the order of admission in this JCCP 23 proceeding. 24 An attorney who is admitted pro hac vice in these coordinated proceedings need not file a pro 25 hac vice application in any other included action in which he or she represents a party unless and until a 26 remand (CRC Rule 3.542) or transfer (CRC Rule 3.543) results in an action no longer being included in 27 these coordinated proceedings. Admission on behalf of a party that is a corporation also encompasses 28 appearance on behalf of past or present employees of that corporation. 3 Case Management Order No. 1 1 Pro hac vice renewal fees pursuant to California Government Code § 70617(e)(2) shall be 2 deposited with the Clerk of this Court. 3 V. NOTICE OF APPEARANCE 4 All Plaintiff’s attorneys seeking to appear in this JCCP who do not already represent one or 5 more Plaintiffs identified as amongst the originally “included actions” to the JCCP must file a Notice of 6 Appearance in the JCCP docket and in all individual cases in which the attorney is an attorney of 7 record. 8 VI. ELECTRONIC FILING AND SERVICE 9 The parties agree that this proceeding is subject to mandatory electronic filing pursuant to Local 10 Rule 1.3. 11 The parties further agree that electronic service is efficient and appropriate in this action, both 12 by the parties and, at its discretion, the Court, for any documents that are applicable to all cases. To that 13 end, the Court requires that for purposes of service of any document applicable to all cases, the parties 14 shall use the e-service provider known as File&ServeXpress. Each firm of record for the litigants of 15 this JCCP is required to sign up with File&ServeXpress and will be individually responsible for 16 payment of applicable fees. 17 Notwithstanding any provisions to the contrary in this CMO 1, the responsibility of any party 18 (including Liaison or Lead Counsel) to serve any other party (except for service of process or service 19 required under a statute or court rule to be personal service) or to provide notice to any other party, 20 shall be deemed complete with the completion of electronic service. 21 These agreements pertaining to electronic filing and service of electronically filed documents 22 are approved via CRC Rules 2.251 and 2.253. 23 Documents that are not applicable to all cases may be served via electronic mail to all counsel 24 of record in the particular case in which the documents are being served or via File&ServeXpress at the 25 serving party’s discretion. Copies shall also be served upon liaison counsel. Plaintiffs’ Liaison Counsel 26 may be served via email using the following address: jccp5305leadership@pearcelewis.com. 27 Defendant’s Liaison Counsel may be served via email using the following address: 28 fmservice@nilanjohnson.com. 4 Case Management Order No. 1 1 VII. COMMUNICATIONS AMONG PLAINTIFFS’ COUNSEL AND AMONG 2 DEFENDANTS’ COUNSEL 3 In recognition that cooperation among counsel and the parties is essential for the orderly and 4 expeditious resolution of the litigation, any cooperative effort shall not in any way be used again any 5 party, be cited as purported evidence of conspiracy or wrongful conduct, and shall not be 6 communicated to any jury. The communication, transmission, or dissemination of information of 7 common interest among Plaintiffs’ counsel, between Plaintiffs’ counsel, and Plaintiffs, among 8 Defendants’ counsel, or between Defendants’ counsel and Defendants (including their employees and 9 agents), in this proceeding shall be protected by the attorney-client privilege, the attorney work-product 10 doctrine, the protections afforded to material prepared for litigation, or by any other privilege to which 11 a party is otherwise entitled. 12 VIII. COMPLIANCE WITH RULES REGARDING EX PARTE COMMUNICATIONS WITH 13 COURT. 14 All parties and their counsel shall comply with the Rules of Professional Conduct, specifically 15 Rule 5-300, and with the published procedural guidelines of this Court with respect to communications 16 with the Court and Court staff. Any pleading filed in this JCCP must be served simultaneously on all 17 Lead and Liaison Counsel in the same manner and at the same time as it is filed. All Liaison Counsel 18 shall be copied on all e-mails with the Court’s clerk. 19 IX. SERVICE BY COURT TO LIAISON COUNSEL 20 The Court, as previously stated in Paragraph VI, may at its discretion serve documents that are 21 applicable to all cases via File&ServeXpress. The Court may, at its discretion, serve only Plaintiffs’ 22 Liaison Counsel and Defendants’ Liaison Counsel with any Order, notice, or other paper, and direct 23 Liaison Counsel to serve all remaining parties by whatever means such Liaison Counsel deem(s) 24 appropriate. Plaintiffs’ Liaison Counsel may be served via email using the following address: 25 jccp5305leadership@pearcelewis.com. Defendant’s Liaison Counsel may be served via email using the 26 following address: fmservice@nilanjohson.com. 27 /// 28 /// 5 Case Management Order No. 1 1 X. COMMUNICATIONS WITH THE COURT 2 All communications from the Plaintiffs with the Court must be through a member of the 3 Plaintiffs’ leadership team. All communications from the Defendant(s) with the Court must be through 4 a member of the Defendant’s leadership team. 5 XI. ADD-ON PROCEDURE 6 A. Application of CRC Rule 3.544 7 The add-on procedures set forth in CRC Rule 3.544 apply. Pursuant to that Rule, when a 8 potential add-on case is identified, a request by way of a Petition to Coordinate Add-On Case[s] (“Add- 9 On Petition”) must be promptly filed directly with the Coordination Trial Judge in JCCP 5305. 10 Permission to do so is deemed granted pursuant to CRC Rule 3.520. 11 All Add-On Petitions must clearly identify the petitioner, so that the resulting Order can clearly 12 identify the party upon whom the filing and service requirements of CRC Rule 3.529(a) fall. The 13 notices required under CRC 3.522 and 3.523 (“Notice”) need only be filed in the subject add-on case[s] 14 and must be filed together with a Judicial Council Form CM- 180 Notice of Stay of Proceedings with 15 section 3(e) indicating “Petition to Coordinate Add-On Case pending.” The Notice must be served on 16 the Chair of the Judicial Council at the following address: 17 Chair, Judicial Council of California Administrative Offices of the Courts 18 Attn: Appellate Court Services 455 Golden Gate Avenue, 5" Floor 19 San Francisco, CA 94102 20 The Notice must also be served, together with copies of all Case Management Orders entered in 21 JCCP 5305 and the Notice of Stay of Proceedings, on the parties appearing in the subject add-on 22 case[s], and on Co-Liaison Counsel. As set forth in CRC Rule 3.544(a), the filing of an Add-On 23 Petition must be accompanied by a proof of service reflecting the above. Counsel who already represent 24 a plaintiff in an action coordinated in this Proceeding and who file a new action on behalf of another 25 plaintiff shall file and serve an Add-On Petition for the new action at the time they serve the complaint 26 in that new action. Failure to include a proof of service will result in the denial of the 27 Add-On Petition without prejudice. 28 6 Case Management Order No. 1 1 In the event all parties to a potential add-on case agree that the action is complex and meets the 2 standards for coordination in this Proceeding as an add-on case, in lieu of a complete Add-On Petition, 3 the parties may submit a stipulation seeking coordination that demonstrates that the criteria for 4 coordination have been satisfied, along with a proposed order, and proof of service reflecting 5 compliance with the service requirements of CRC Rule 3.544(a). Counsel who already represent a 6 plaintiff in an action coordinated in this Proceeding and who file a new action on behalf of another 7 plaintiff shall be responsible for drafting the stipulation seeking coordination and for serving and filing 8 it after receiving consent from Defendant’s counsel. 9 B. Opposition to Coordination 10 Within ten (10) calendar days from the date of filing and service of an Add-On Petition, any 11 party may file and serve a Notice of Opposition to Coordination, including points and authorities and 12 other relevant materials pursuant to CRC Rule 3.544(b). The Court may, but need not, set a hearing for 13 determining whether the case[s] should be coordinated. If a hearing is set, an order will be issued with 14 hearing date and time, briefing schedule, and directions for service of the order. If no notice of 15 opposition is filed, the Court will issue its order granting or denying the Add-On Petition without 16 setting a hearing. 17 XII. CASE MANAGEMENT CONFERENCES 18 Case Management Conferences shall be held, approximately, once every six weeks until further 19 Order dictating otherwise. 20 A. Status Conference Statement and Agenda 21 The parties shall meet and confer through Liaison Counsel at least ten (10) calendar days before 22 each status conference on an agenda, which shall be filed with the Court and served on all parties by the 23 parties’ Liaison Counsel at least three (3) court days before the status conference. 24 XIII. PLAINTIFF FACT SHEETS 25 Attached hereto as Exhibit A is the Plaintiff Fact Sheet (“PFS”) that the parties have agreed 26 shall be used in this JCCP. Each Plaintiff (or, if a Plaintiff is suing in a representative or derivative 27 capacity, the person with the legal authority to represent the Plaintiff) and /or the Plaintiff’s legal 28 counsel, for each case that is now or in the future coordinated into this JCCP must complete and serve a 7 Case Management Order No. 1 1 PFS within the time period and via the procedure to be identified in a subsequent forthcoming order. 2 Every PFS must be verified and signed by the Plaintiff. 3 XIV. APPLICATIONS OF LOCAL RULES 4 Unless otherwise set forth in this Order, the parties shall comply with the Local Rules of this 5 Court, as well as the individual rules and preferences of the presiding Judge and any Special Master 6 assigned to this matter. 7 8 IT IS SO ORDERED. 9 10 Dated:_____________________ _____________________________________ HONORABLE TIMOTHY VOLKMANN 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 Case Management Order No. 1 PROOF OF SERVICE 1 I certify that I am over the age of 18 years and not a party to the within action; that my business 2 address is 423 Washington Street, Suite 510, San Francisco, CA 94111; and that on this date I served a true copy of the document(s) entitled: 3 4 - [JOINT PROPOSED] CASE MANAGEMENT ORDER NO. 1 5 Service was effectuated by forwarding the above-noted document in the following manner: 6 [XX] By Electronic Service via e-mail to: See below service list. 7 8 I declare under penalty of perjury, under the law of the State of California, that the foregoing is true and correct. 9 Executed on March 11, 2024, at Rosemead, CA. 10 11 Quyen (Nathalie) Luong 12 13 Future Motion Onewheel Cases Judicial Council Coordinated Proceeding No. 5305 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Proof of Service SERVICE LIST 1 Pablo Orozco, Esq. Nilan Johnson Lewis PA 2 250 Marquette Avenue South, Suite 800 Minneapolis, MN 55401 3 Email: fmservice@nilanjohnson.com 4 Shannon M. Nessier 5 Kaylen Kadotani Carson R. Niello 6 Hanson Bridgett LLP 425 Market Street, 26th Floor 7 San Francisco, CA 94105 Email: snessier@hansonbridgett.com 8 kkadotani@hansonbridgett.com cniello@hansonbridgett.com 9 Michael C. Sutton, Esq. 10 Sutton & Murphy 26056 Acero 11 Mission Viejo, CA 92691 Email: msutton@suttonmurphy.com 12 Heather L. Mills, Esq. 13 Jonathan E. Tarkowski, Esq. Skane Mills LLP 14 1055 West 7th Street, Suite 1700 Los Angeles CA 90017 15 Email: hmills@skanemills.com 16 jtarkowski@skanemills.com ibouffard@skanemills.com 17 bevangelista@skanemills.com 18 Robert A. Shields, Esq. Jason M. Avelar, Esq. 19 Kaitlin E. Preston Wilson Turner Kosmo LLP 20 402 West Broadway, Suite 1600 San Diego, CA 92101 21 Email: rshields@wilsonturnerkosmo.com javelar@wilsonturnerkosmo.com 22 warrantyservice@wilsonturnerkosmo.com kpreston@wilsonturnerkosmo.com 23 Attorneys for Defendant, Future Motion, Inc. 24 25 26 27 28 2 Proof of Service Counsel for Plaintiffs in all included actions: 1 Aaron M. Heckaman 2 Hayden N. Wyatt Bailey Cowan Heckaman PLLC 3 1360 Post Oak Boulevard, Suite 2300 4 Email: aheckaman@bchlaw.com hwyatt@bchlaw.com 5 onewheel@bchlaw.com 6 Elise R. Sanguinetti Jamie G. Goldstein 7 Arias, Sanguinetti, Wang & Torrijos, LLP 2200 Powell Street, Suite 740 8 Emeryville, CA 94608 Email: elise@aswtlawyers.com 9 jamie@aswtlawyers.com 10 Lowell McKelvey McKelvey Law LLC 11 1205 NW 25th Ave. Portland, OR 97210 12 Email: lowell@mckelveylaw.com 13 Michael M. Gallagher Morgan & Morgan 14 20 N. Orange Ave., Suite 1600 Orlando, Florida 32801 15 Email: michaelgallagher@forthepeople.com 16 Michael B. Padilla 17 Jeffrey Padilla The Padilla Group, LLC 18 320 Encinitas Blvd., Suite A Encinitas, CA 92024 19 Email: padilla@padillalawgroup.com jpadilla@padillalawgroup.com 20 John Nojima 21 Lederer & Nojima 2100 Wilshire Boulevard, Suite 480 22 Los Angeles, CA 90025 Email: jnojima@LNTLB.com 23 Taylor Ernst 24 Ernst Law Group 1020 Palm Street 25 San Luis Obispo, CA 93401 Email: te@ernstlawgroup.com 26 er@ernstlawgroup.com 27 Robert H. Bohn, Jr. 28 Bohn & Fletcher, LLP 333 W Santa Clara Street, Suite 620 3 Proof of Service San Jose, CA 95113 1 Email: rob@bohnlaw.com 2 Arthur Petrousian Morgan & Morgan 3 633 West Fifth Street, Suite 2200 4 Los Angeles, CA 90071 Email: apetrousian@forthepeople.com 5 Clayeo C. Arnold 6 John Thomas Stralen Clayeo C. Arnold, 7 A Professional Law Corporation 865 Howe Avenue 8 Sacramento, CA 95825 Email: jstralen@justice4you.com 9 Barry Novack 10 Samuel Winokur The Law Office of Barry Novack 11 8383 Wilshire Blvd., Suite 830 Beverly Hills, CA 90211 12 Email: novack@novacklaw.com samuel@novacklaw.com 13 Elinor Leary 14 Derek F. Monte The Veen Firm, P.C. 15 20 Haight Street 16 San Francisco, CA 94102 Email: EL.Team@VeenFirm.com 17 R. Michael Lieberman 18 Law Offices of R. Michael Lieberman 1398 Post Street 19 San Francisco, CA 94109 Email: michael@spark84.com 20 Don A. Ernst 21 Ernst Law Group 1020 Palm St. 22 San Luis Obispo, CA 93401 Email: dae@ernstlawgroup.com 23 Oliver Shami 24 Law Office of Oliver Shami, APC 380 South Melrose Drive, #363 25 Vista, CA 92081 Email: oliver@olivershamilaw.com 26 Laurence Tien 27 Bailey Cowan Heckaman PLLC 28 1360 Post Oak Blvd., Suite 2300 Houston, TX 77056 4 Proof of Service Email: ltien@bchlaw.com 1 John Kevin Crowley 2 Attorney at Law 125 S. Market Street, Suite 1200 3 San Jose, CA 95113 4 Email: jkclaw@pacbell.net 5 Nevin C. Brownfield Brownfield Law PC 6 2007B Notre Dame Avenue San Jose, CA 95113 7 Email: nevin@brownfieldlegal.com 8 Noemi Nunez Esparza Dreyer Babich Buccola Wood Campora, LLP 9 20 Bicentennial Circle Sacramento, CA 95826 10 Email: nesparza@dbbwc.com Dbbwc-eservice@dbbwc.com 11 Jennifer Shimer 12 154 West 8th Street Unit 14-S South Boston, Massachusetts 02127 13 Email: jennshimer@gmail.com In Pro Per 14 Abdalla Innabi 15 Innabi Law Group 16 2500 E Colorado Blvd., Suite 230 Pasadena CA 91107 17 Email: abdalla@innabi-LG.com 18 Austin L. Alfonso Alfonso & Berriz, APC 19 30300 Agoura Road, Suite 150 Agoura Hills, CA 91301 20 Email: austin@alfonsoandberriz.com 21 Robert J. Ounijian Carpenter & Zuckerman, LLP 22 8827 West Olympic Blvd. Beverly Hills, CA 90211 23 Email: robert@cz.law 24 Victoria A. Silver Law Office of Victoria A. Silver 25 21201 Victory Blvd., Suite 200 Canoga Park, CA 91303 26 Email: vsilverlawoffice@sbcglobal.net 27 28 5 Proof of Service