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1
Robert W. Thompson, Esq. (SBN: 250038)
2 Kristen A. Vierhaus, Esq. (SBN: 322778)
TLO LAW, P.C.
3 700 Airport Blvd., Suite 160
Burlingame, CA 94010
4 Tel: (650) 513-6111 / Fax: (650) 513-6071
5 Attorneys for Plaintiff
6 Corinna E. Meissner (SBN: 178509)
HASSARD BONNINGTON, LLP
7 111 Pine Street, Suite 1530
San Francisco, CA 94111
8 Tel: (415) 288-9800 / Fax: (415) 288-9801
9 Attorneys for Defendant JKKD Enterprises LLC
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14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 COUNTY OF SAN MATEO - UNLIMITED CIVIL JURISDICTION
16
JANE DOE #7 (D.G.); ) Case Nos.: 19-CIV-00392-E
17 )
Plaintiff, ) Assigned for all purposes to Dept. 28,
18 )
) Hon. Nicole S. Healy
vs. )
19 ) JOINT CASE MANAGEMENT
MASSAGE ENVY FRANCHISING, LLC; ) CONFERENCE STATEMENT
20 )
JKKD Enterprises LLC, et al.;
)
21 )
Defendants,
)
22 ) Date: May 7, 2024
)
23 ) Time: 2:00 pm
) Dept: 28
24 )
)
25 )
)
26 )
)
)
27
28
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29 JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 Plaintiff Jane Doe #7 (D.G.) (“Plaintiff”) and Defendant JKKD Enterprises LLC
2 (“Defendant”) hereby submit their Joint Case Management Conference Statement and will be
3 prepared to discuss these issues and others at the Case Management Conference set for May 7,
4 2024 at 2:00 pm in Department 28.
5 A. BRIEF SUMMARY OF THE CASE
6 Plaintiff alleges she was sexually assaulted by an unidentified massage therapist at Massage
7 Envy in San Rafael between June 2017 and September 2017. Plaintiff alleges that Defendant
8 owned and/or operated the Massage Envy – San Rafael location at the time of the alleged sexual
9 assault. Plaintiff alleges that as a result of the sexual assault, she suffered severe emotional distress
10 injuries and physical manifestations of said emotional distress symptoms.
11 B. STATUS OF COMPLIANCE WITH PRIOR CMC ORDERS
12 The parties have complied with the prior six (6) CMOs issued in this matter.
13 C. STATUS OF DISCOVERY
14 Written discovery is ongoing. The deposition of plaintiff was completed on September 13,
15 2023. Due to Plaintiff’s Counsel’s impacted calendar, Plaintiff expects to notice the deposition of
16 Defendant’s PMK for a mutually agreeable date in July 2024.
17 Plaintiff served a subpoena on the current franchise owner of the location where the alleged
18 sexual assault occurred requesting the customer list of the subject massage therapist and other
19 similar incidences of sexual assaults during Defendant JKKD Enterprises’ ownership of the subject
20 location. This subpoena was served on July 5, 2023. Based on deposition testimony, plaintiff
21 issued an amended subpoena to the Massage Envy San Rafael facility on November 13, 2023 and a
22 separate subpoena to Massage Envy Franchises. Massage Envy Franchises responded to the
23 subpoena with detailed information about the employees of the Massage Envy San Rafael facility.
24 D. ANTICIPATED MOTIONS AND PROPOSED BRIEFING SCHEDULE
25 Defendant anticipates filing a motion for summary judgment. No massage therapist
26 working at the time of plaintiff’s alleged assault fits her description.
27 \\\
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29 JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 E. ANTICIPATED PROCEDURAL PROBLEMS
2 No procedural problems are anticipated at this time.
3 F. STATUS OF SETTLEMENT
4 Plaintiff has resolved her claims against Defendant Massage Envy Franchising LLC, and a
5 dismissal has been filed. Plaintiff and Defendant JKKD Enterprises are engaging in informal
6 settlement discussions.
7 G. PROPOSED TIMELINE OF KEY EVENTS
8 The parties believe this case will be ready for trial in mid 2025. Counsel for the parties will
9 be prepared to review their trial calendars and discuss their availability should the Court wish to set
10 trial at this Case Management Conference.
11 H. OTHER MATTERS
12 None at this time.
13 I. SETTING OF NEXT CMC
14 The parties request this case be set for another CMC in September 2024 to allow the parties
15 time to see if they can informally resolve this matter.
16
17 DATED: May 1, 2024 TLO LAW, P.C.
18
By:
19 Robert W. Thompson, Esq.
Kristen A. Vierhaus, Esq.
20
Attorneys for Plaintiff
21 Jane Doe #7 (D.G.)
22
DATED: May 1, 2024 HASSARD BONNINGTON, LLP
23
24
By:
25 Corinna E. Meissner, Esq.
Attorney for Defendant
26
JKKD Enterprises LLC
27
28
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29 JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 DECLARATION OF SERVICE
2 Jane Doe #7 (D.G.) v. Massage Envy Franchising, LLC, et al.
San Mateo County Case No. 19CIV00392E
3
4 I am employed in the County of San Mateo, State of California. I am over the age of 18 and not a
party to the within action. My business address is 700 Airport Blvd., Suite 160, Burlingame, California
5 94010.
6 On May 1, 2024, I served the within document(s) described as:
7 Joint Complex Case Management Statement
8 on the interested parties in this action as stated below:
9
SEE ATTACHMENT A
10
(MAIL) I enclosed the documents in sealed envelope(s) addressed above. I am readily familiar
11 with this 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 day with postage thereon
12 fully prepaid at Burlingame, California, in the ordinary course of business. I am aware that on
motion of party served, service is presumed invalid if postal cancellation date or postage meter date
13 is more than 1 day after date of deposit for mailing in affidavit.
14 (OVERNIGHT DELIVERY) I enclosed the documents in sealed envelope(s) addressed above
provided by an overnight delivery carrier. I placed the envelope(s) for collection and overnight
15 delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
16 (FACSIMILE) I caused such document(s) to be delivered by facsimile pursuant to court order or
17 agreement of the parties. The facsimile machine I used complied with Rule 2.301(3) and no error
was reported by the machine.
18
(ELECTRONIC MEANS) I caused such document(s) to be delivered by electronic service,
19 including by DropBox link, or electronic mail.
20 Executed on May 1, 2024 at Burlingame, California. I declare under penalty of perjury under the
laws of the State of California that the foregoing is true and correct.
21
22 Kris Vierhaus /s/
23 (Type or print name) (Signature)
24
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DECLARATION OF SERVICE
1 DECLARATION OF SERVICE
Jane Doe #7 (D.G.) v. Massage Envy Franchising, LLC, et al.
2 San Mateo County Case No. 19CIV00392E
3
4 Tom French, Esq. Attorneys for Defendant JKKD Enterprises, LLC
Corinna Meissner, Esq.
5 Miriam Ortiz, Esq.
HASSARD BONNINGTON, LLP
6
275 Battery Street, Suite 1600
7 San Francisco, CA 94111
---
8 btf@hassard.com
9 cem@hassard.com
mgo@hassard.com
10 kij@hassard.com
sxc@hassard.com
11 Robert W. Thompson, Esq. Attorneys for Plaintiff
12 Kristen A. Vierhaus, Esq.
THOMPSON LAW OFFICES, P.C.
13 700 Airport Boulevard, Suite 160
Burlingame, CA 94010
14 ---
15 bobby@tlopc.com
kris@tlopc.com
16 Stewart Ryan, Esq. Attorneys for Plaintiff
Alexandria MacMaster, Esq.
17
LAFFEY, BUCCI & KENT, LLP
18 1100 Ludlow Street, Suite 300
Philadelphia, PA 19107
19 ---
20 sryan@laffeybuccikent.com
amacmaster@laffeybuccikent.com
21 Complex Civil Department – Department 28
The Honorable Nicole S. Healy
22 San Mateo County Superior Court
23 800 North Humboldt Street
San Mateo, CA 94401
24 complexcivil@sanmateocourt.org
dept28@sanmateocourt.org
25
26
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DECLARATION OF SERVICE
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1 Robert W. Thompson, Esq. (SBN: 250038) 2 Kristen A. Vierhaus, Esq. (SBN: 322778) TLO LAW, P.C. 3 700 Airport Blvd., Suite 160 Burlingame, CA 94010 4 Tel: (650) 513-6111 / Fax: (650) 513-6071 5 Attorneys for Plaintiff 6 Corinna E. Meissner (SBN: 178509) HASSARD BONNINGTON, LLP 7 111 Pine Street, Suite 1530 San Francisco, CA 94111 8 Tel: (415) 288-9800 / Fax: (415) 288-9801 9 Attorneys for Defendant JKKD Enterprises LLC 10 11 12 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF SAN MATEO - UNLIMITED CIVIL JURISDICTION 16 JANE DOE #7 (D.G.); ) Case Nos.: 19-CIV-00392-E 17 ) Plaintiff, ) Assigned for all purposes to Dept. 28, 18 ) ) Hon. Nicole S. Healy vs. ) 19 ) JOINT CASE MANAGEMENT MASSAGE ENVY FRANCHISING, LLC; ) CONFERENCE STATEMENT 20 ) JKKD Enterprises LLC, et al.; ) 21 ) Defendants, ) 22 ) Date: May 7, 2024 ) 23 ) Time: 2:00 pm ) Dept: 28 24 ) ) 25 ) ) 26 ) ) ) 27 28 1 29 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 Plaintiff Jane Doe #7 (D.G.) (“Plaintiff”) and Defendant JKKD Enterprises LLC 2 (“Defendant”) hereby submit their Joint Case Management Conference Statement and will be 3 prepared to discuss these issues and others at the Case Management Conference set for May 7, 4 2024 at 2:00 pm in Department 28. 5 A. BRIEF SUMMARY OF THE CASE 6 Plaintiff alleges she was sexually assaulted by an unidentified massage therapist at Massage 7 Envy in San Rafael between June 2017 and September 2017. Plaintiff alleges that Defendant 8 owned and/or operated the Massage Envy – San Rafael location at the time of the alleged sexual 9 assault. Plaintiff alleges that as a result of the sexual assault, she suffered severe emotional distress 10 injuries and physical manifestations of said emotional distress symptoms. 11 B. STATUS OF COMPLIANCE WITH PRIOR CMC ORDERS 12 The parties have complied with the prior six (6) CMOs issued in this matter. 13 C. STATUS OF DISCOVERY 14 Written discovery is ongoing. The deposition of plaintiff was completed on September 13, 15 2023. Due to Plaintiff’s Counsel’s impacted calendar, Plaintiff expects to notice the deposition of 16 Defendant’s PMK for a mutually agreeable date in July 2024. 17 Plaintiff served a subpoena on the current franchise owner of the location where the alleged 18 sexual assault occurred requesting the customer list of the subject massage therapist and other 19 similar incidences of sexual assaults during Defendant JKKD Enterprises’ ownership of the subject 20 location. This subpoena was served on July 5, 2023. Based on deposition testimony, plaintiff 21 issued an amended subpoena to the Massage Envy San Rafael facility on November 13, 2023 and a 22 separate subpoena to Massage Envy Franchises. Massage Envy Franchises responded to the 23 subpoena with detailed information about the employees of the Massage Envy San Rafael facility. 24 D. ANTICIPATED MOTIONS AND PROPOSED BRIEFING SCHEDULE 25 Defendant anticipates filing a motion for summary judgment. No massage therapist 26 working at the time of plaintiff’s alleged assault fits her description. 27 \\\ 28 2 29 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 E. ANTICIPATED PROCEDURAL PROBLEMS 2 No procedural problems are anticipated at this time. 3 F. STATUS OF SETTLEMENT 4 Plaintiff has resolved her claims against Defendant Massage Envy Franchising LLC, and a 5 dismissal has been filed. Plaintiff and Defendant JKKD Enterprises are engaging in informal 6 settlement discussions. 7 G. PROPOSED TIMELINE OF KEY EVENTS 8 The parties believe this case will be ready for trial in mid 2025. Counsel for the parties will 9 be prepared to review their trial calendars and discuss their availability should the Court wish to set 10 trial at this Case Management Conference. 11 H. OTHER MATTERS 12 None at this time. 13 I. SETTING OF NEXT CMC 14 The parties request this case be set for another CMC in September 2024 to allow the parties 15 time to see if they can informally resolve this matter. 16 17 DATED: May 1, 2024 TLO LAW, P.C. 18 By: 19 Robert W. Thompson, Esq. Kristen A. Vierhaus, Esq. 20 Attorneys for Plaintiff 21 Jane Doe #7 (D.G.) 22 DATED: May 1, 2024 HASSARD BONNINGTON, LLP 23 24 By: 25 Corinna E. Meissner, Esq. Attorney for Defendant 26 JKKD Enterprises LLC 27 28 3 29 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 DECLARATION OF SERVICE 2 Jane Doe #7 (D.G.) v. Massage Envy Franchising, LLC, et al. San Mateo County Case No. 19CIV00392E 3 4 I am employed in the County of San Mateo, State of California. I am over the age of 18 and not a party to the within action. My business address is 700 Airport Blvd., Suite 160, Burlingame, California 5 94010. 6 On May 1, 2024, I served the within document(s) described as: 7 Joint Complex Case Management Statement 8 on the interested parties in this action as stated below: 9 SEE ATTACHMENT A 10 (MAIL) I enclosed the documents in sealed envelope(s) addressed above. I am readily familiar 11 with this 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 day with postage thereon 12 fully prepaid at Burlingame, California, in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date 13 is more than 1 day after date of deposit for mailing in affidavit. 14 (OVERNIGHT DELIVERY) I enclosed the documents in sealed envelope(s) addressed above provided by an overnight delivery carrier. I placed the envelope(s) for collection and overnight 15 delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 16 (FACSIMILE) I caused such document(s) to be delivered by facsimile pursuant to court order or 17 agreement of the parties. The facsimile machine I used complied with Rule 2.301(3) and no error was reported by the machine. 18 (ELECTRONIC MEANS) I caused such document(s) to be delivered by electronic service, 19 including by DropBox link, or electronic mail. 20 Executed on May 1, 2024 at Burlingame, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 22 Kris Vierhaus /s/ 23 (Type or print name) (Signature) 24 25 26 27 28 1 DECLARATION OF SERVICE 1 DECLARATION OF SERVICE Jane Doe #7 (D.G.) v. Massage Envy Franchising, LLC, et al. 2 San Mateo County Case No. 19CIV00392E 3 4 Tom French, Esq. Attorneys for Defendant JKKD Enterprises, LLC Corinna Meissner, Esq. 5 Miriam Ortiz, Esq. HASSARD BONNINGTON, LLP 6 275 Battery Street, Suite 1600 7 San Francisco, CA 94111 --- 8 btf@hassard.com 9 cem@hassard.com mgo@hassard.com 10 kij@hassard.com sxc@hassard.com 11 Robert W. Thompson, Esq. Attorneys for Plaintiff 12 Kristen A. Vierhaus, Esq. THOMPSON LAW OFFICES, P.C. 13 700 Airport Boulevard, Suite 160 Burlingame, CA 94010 14 --- 15 bobby@tlopc.com kris@tlopc.com 16 Stewart Ryan, Esq. Attorneys for Plaintiff Alexandria MacMaster, Esq. 17 LAFFEY, BUCCI & KENT, LLP 18 1100 Ludlow Street, Suite 300 Philadelphia, PA 19107 19 --- 20 sryan@laffeybuccikent.com amacmaster@laffeybuccikent.com 21 Complex Civil Department – Department 28 The Honorable Nicole S. Healy 22 San Mateo County Superior Court 23 800 North Humboldt Street San Mateo, CA 94401 24 complexcivil@sanmateocourt.org dept28@sanmateocourt.org 25 26 27 28 2 DECLARATION OF SERVICE