Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
JODI S. COHEN, CASB No. 151534
JENNIFER M. PORTER, CASB No. 261508
KEESAL, YOUNG & LOGAN
450 Pacific Avenue
San Francisco, CA 94133
TeLepHone NO. 415-398-6000 FAXNO (Option: 415-981-0136 ELECTRONICALLY
E-MAIL ADDRESS (Optionay: Jodi. cohen@kyl.com/jennifer.porter@kyl.com
ATTORNEY FOR (Name): Defendant Willis of New York, Inc. FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
Supertor Court of California,
; County of San Francisco
street aporess: 400 McAllister Street
MAILING ADDRESS; 12/23/2016
ciryano zip cove: San Francisco, CA 94102 Clerk of the Court of
prancH Name: Unlimited Jurisdiction Bee a add
PLAINTIFF/PETITIONER WARWICK AMUSEMENTS CORPORATION, et
al.
DEFENDANT/RESPONDENT:APPLIED UNDERWRITERS, INC., et al.
CASE MANAGEMENT STATEMENT eee
(Check one): x _] UNLIMITED CASE [_] LIMITED CASE CGC-16-551614
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 11, 2017 Time: 10:30a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
x_]| Notice of Intent to Appear by Telephone, by (name): Jennifer M. Porter
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [X] This statement is submitted by party (name):Defendant Willis of New York, Inc.
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. {[__] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only}
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [__] The following parties named in the complaint or cross-complaint
(A) 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):
. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description ofcase _
a. Typeofcasein [x | complaint cross-complaint (Describe, including causes of action):
Plaintiffs' First Amended Complaint pleads nine causes of action against the Defendants, three of which are
against Willis. These are (1) Fraud and Misrepresentation, (2) Negligent Misrepresentation, and (3) Professional
Negligence.
Page 4 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Pies 3 120-3730
Judicial Council of California
(CM-110 (Rev. July 4, 2011]
& PusCM-110
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et CASE NUMBER:
| al. -16-
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. |COC-16-551614
4. b. Provide a brief statement of the case, including any damages. (/f 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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiffs claim that Willis was negligent and/or breached a standard of care allegedly owed to Plaintiffs when it placed workers’ compensation insurance
with the co-defendants as instructed to do so by Plaintiffs. Plaintiffs seck unspecified damages as a result of alleged defects in those policies. Willis denies
Plaintiffs’ allegations in their entirety and contends that at all times it accurately and fully disclosed the particulars of the subject policy that Plaintifts
chose. Willis further contends that at all times it acted within any alleged applicable standard of care. Accordingly, Willis denies all liability.
(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 ajury trial [x | a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date .
a. The trial has been set for (date):
b x_] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Unavailability: 1/16-20/17 (arbitration), 2/9-14/2017 (vacation), 3/13-26/2017 (arbitration and work trip); 4/6-1 1/2017 (vacation); 5/2-5/2017 (trial); 5/22
23/2017 (arbitration), 8/3-8/2017 (vacation); 10/16-20/2017 (work trip); 12/4-8/2017 (trial.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. Lx] days (specify number): 5 - 7 Days
b. [__] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial (c] by the attorney or party listed in the caption [1 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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [x ] 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):
GMATO Re. Jay 1,207 CASE MANAGEMENT STATEMENT Poe orCM-110
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et ‘CASE NUMBER’
1.
JEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., 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
CGC-16-551614
have already participated in (check all that apply and provide the specified information):
The party or parties completing
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation x oer
Agreed to complete mediation by (date):
Mediation completed on (date):
[__} Settlement conference not yet scheduled
(2) Settlement 4 [] Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
[__] Settlement conference completed on (date):
(3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(5) Binding private
arbitration
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify):
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(CM-110 Rev. July 4, 2011]
CASE MANAGEMENT STATEMENT
Page 3 0f §PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et ‘CASE NUMBER
al.
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. cGC-16-551614
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):
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. {__] Amotionto [_] consolidate [| coordinate will be filed by (name party):
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
(X_] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant has filed a motion to stay pending AUW's appeal. That motion is set to be heard on January 18,
2017. Defendant is also contemplating filing a Motion for Summary Judgment once initial discovery has been
completed.
16. Discovery
a. [__] The party or parties have completed all discovery.
b. Lx] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Written Discovery Per Code
Defendant Depositions Per Code
Defendant Expert Discovery Per Code
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
eae rer stant CASE MANAGEMENT STATEMENT reasCM-110
PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et CASE NUMBER:
[_al.
DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. CGC-16-551614
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
x_] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Defendant filed a motion to stay the trial proceedings pending the resolution of AUW's
appeal. The hearing on that motion is scheduled for January 18, 2017. As such, further scheduling is not
appropriate at this time.
19. Meet and confer
a. [x_] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any): 0
| 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: December 22 16
Jennifer Porter »
(TYPE OR PRINT NAME)
(SIGNAYURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CMO Rev. Joy 1.2017) CASE MANAGEMENT STATEMENT Page 5 ofCase Name: Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et al.
Case No.: CGC-16-551614
KYL File No.: 6189-112
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
I am employed in the County of San Francisco, State of California. I am over the age of 18
and not a party to the within action; my business address is Keesal, Young & Logan, 450 Pacific
Avenue, San Francisco, CA 94133.
On December 23, 2016, I served the foregoing documents described as DEFENDANT
WILLIS OF NEW YORK, INC.’S CASE MANAGEMENT STATEMENT on the parties in this
action by placing a true copy thereof enclosed in a sealed envelope addressed as follows:
ROXBOROUGH, POMERANCE, NYE & Attorneys for Plaintiffs
ADREANI, LLP
Nicholas P. Roxborough, Esq.
Joseph C. Gjonola, Esq.
Ryan R. Salsig, Esq.
Jaclyn D. Grossman, Esq.
5820 Canoga Avenue, Suite 250
Woodland Hills, California 91367
Telephone: (818)992-9999
Facsimile (818) 992-9991
Email: npr@rpnalaw.com
ic: nalaw.com
rs@rpnalaw.com
jdg@rpnalaw.com
THE LICHTENEGGER LAW OFFICE Attorneys for Plaintiffs
Larry J. Lichtenegger, Esq.
3850 Rio Road, #58
Carmel, CA 93923
Telephone: (831) 626-2801
Facsimile: (831) 886-1639
Email: lawyer@mbay.net
HINSHAW & CULBERTSON LLP Attorneys for Defendants Applied Underwriters,
Spencer Y. Kook Inc.; Applied Underwriters Captive Risk
Travis Wall Assurance Company, Inc.; California Insurance
Peter J. Felsenfeld Company; Continental Indemnity Insurance
One California Street, 18th Floor Company; Applied Risk Services
San Francisco, CA 94111
Telephone: (415) 743-3738
Facsimile: (415) 434-2533
Email: twall@mail.hinshawlaw.com
uM BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed
to the above-named persons at the addresses exhibited therewith and (specify one):
I deposited the sealed envelope with the United States Postal Service, with the
postage fully prepaid.
Proof of Service
KYL4827-2084-5627.1ya nw
Case Name: Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et al.
Case No.: CGC-16-551614
KYL File No.: 6189-112
4 I placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this firm’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and
mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a
sealed envelope with postage fully prepaid.
I am a resident or employed in the county where the mailing occurred. The envelope or package was
placed in the mail at San Francisco, California.
Executed on December 23, 2016 at San Francisco, California.
I declare under penalty of perjury under the laws of the State of California and United States of
America that the foregoing is true and correct.
I declare that I am employed in the office of a member of the bar of this Court at whose
direction the service was made.
MENCHIE GARCL
Proof of Service
KYL4827-2084-5627.1
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY JODI S. COHEN, CASB No. 151534 JENNIFER M. PORTER, CASB No. 261508 KEESAL, YOUNG & LOGAN 450 Pacific Avenue San Francisco, CA 94133 TeLepHone NO. 415-398-6000 FAXNO (Option: 415-981-0136 ELECTRONICALLY E-MAIL ADDRESS (Optionay: Jodi. cohen@kyl.com/jennifer.porter@kyl.com ATTORNEY FOR (Name): Defendant Willis of New York, Inc. FILED SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco Supertor Court of California, ; County of San Francisco street aporess: 400 McAllister Street MAILING ADDRESS; 12/23/2016 ciryano zip cove: San Francisco, CA 94102 Clerk of the Court of prancH Name: Unlimited Jurisdiction Bee a add PLAINTIFF/PETITIONER WARWICK AMUSEMENTS CORPORATION, et al. DEFENDANT/RESPONDENT:APPLIED UNDERWRITERS, INC., et al. CASE MANAGEMENT STATEMENT eee (Check one): x _] UNLIMITED CASE [_] LIMITED CASE CGC-16-551614 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 11, 2017 Time: 10:30a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): x_]| Notice of Intent to Appear by Telephone, by (name): Jennifer M. Porter INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [X] This statement is submitted by party (name):Defendant Willis of New York, Inc. b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. {[__] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only} a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [__] The following parties named in the complaint or cross-complaint (A) 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): . The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description ofcase _ a. Typeofcasein [x | complaint cross-complaint (Describe, including causes of action): Plaintiffs' First Amended Complaint pleads nine causes of action against the Defendants, three of which are against Willis. These are (1) Fraud and Misrepresentation, (2) Negligent Misrepresentation, and (3) Professional Negligence. Page 4 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Pies 3 120-3730 Judicial Council of California (CM-110 (Rev. July 4, 2011] & PusCM-110 PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et CASE NUMBER: | al. -16- DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. |COC-16-551614 4. b. Provide a brief statement of the case, including any damages. (/f 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiffs claim that Willis was negligent and/or breached a standard of care allegedly owed to Plaintiffs when it placed workers’ compensation insurance with the co-defendants as instructed to do so by Plaintiffs. Plaintiffs seck unspecified damages as a result of alleged defects in those policies. Willis denies Plaintiffs’ allegations in their entirety and contends that at all times it accurately and fully disclosed the particulars of the subject policy that Plaintifts chose. Willis further contends that at all times it acted within any alleged applicable standard of care. Accordingly, Willis denies all liability. (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 ajury trial [x | a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date . a. The trial has been set for (date): b x_] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Unavailability: 1/16-20/17 (arbitration), 2/9-14/2017 (vacation), 3/13-26/2017 (arbitration and work trip); 4/6-1 1/2017 (vacation); 5/2-5/2017 (trial); 5/22 23/2017 (arbitration), 8/3-8/2017 (vacation); 10/16-20/2017 (work trip); 12/4-8/2017 (trial. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. Lx] days (specify number): 5 - 7 Days b. [__] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial (c] by the attorney or party listed in the caption [1 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [x ] 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): GMATO Re. Jay 1,207 CASE MANAGEMENT STATEMENT Poe orCM-110 PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et ‘CASE NUMBER’ 1. JEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., 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 CGC-16-551614 have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation x oer Agreed to complete mediation by (date): Mediation completed on (date): [__} Settlement conference not yet scheduled (2) Settlement 4 [] Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): [__] Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (CM-110 Rev. July 4, 2011] CASE MANAGEMENT STATEMENT Page 3 0f §PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et ‘CASE NUMBER al. DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. cGC-16-551614 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): 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. {__] Amotionto [_] consolidate [| coordinate will be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions (X_] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant has filed a motion to stay pending AUW's appeal. That motion is set to be heard on January 18, 2017. Defendant is also contemplating filing a Motion for Summary Judgment once initial discovery has been completed. 16. Discovery a. [__] The party or parties have completed all discovery. b. Lx] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Written Discovery Per Code Defendant Depositions Per Code Defendant Expert Discovery Per Code c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): eae rer stant CASE MANAGEMENT STATEMENT reasCM-110 PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et CASE NUMBER: [_al. DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. CGC-16-551614 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues x_] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Defendant filed a motion to stay the trial proceedings pending the resolution of AUW's appeal. The hearing on that motion is scheduled for January 18, 2017. As such, further scheduling is not appropriate at this time. 19. Meet and confer a. [x_] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 0 | 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: December 22 16 Jennifer Porter » (TYPE OR PRINT NAME) (SIGNAYURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CMO Rev. Joy 1.2017) CASE MANAGEMENT STATEMENT Page 5 ofCase Name: Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et al. Case No.: CGC-16-551614 KYL File No.: 6189-112 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is Keesal, Young & Logan, 450 Pacific Avenue, San Francisco, CA 94133. On December 23, 2016, I served the foregoing documents described as DEFENDANT WILLIS OF NEW YORK, INC.’S CASE MANAGEMENT STATEMENT on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: ROXBOROUGH, POMERANCE, NYE & Attorneys for Plaintiffs ADREANI, LLP Nicholas P. Roxborough, Esq. Joseph C. Gjonola, Esq. Ryan R. Salsig, Esq. Jaclyn D. Grossman, Esq. 5820 Canoga Avenue, Suite 250 Woodland Hills, California 91367 Telephone: (818)992-9999 Facsimile (818) 992-9991 Email: npr@rpnalaw.com ic: nalaw.com rs@rpnalaw.com jdg@rpnalaw.com THE LICHTENEGGER LAW OFFICE Attorneys for Plaintiffs Larry J. Lichtenegger, Esq. 3850 Rio Road, #58 Carmel, CA 93923 Telephone: (831) 626-2801 Facsimile: (831) 886-1639 Email: lawyer@mbay.net HINSHAW & CULBERTSON LLP Attorneys for Defendants Applied Underwriters, Spencer Y. Kook Inc.; Applied Underwriters Captive Risk Travis Wall Assurance Company, Inc.; California Insurance Peter J. Felsenfeld Company; Continental Indemnity Insurance One California Street, 18th Floor Company; Applied Risk Services San Francisco, CA 94111 Telephone: (415) 743-3738 Facsimile: (415) 434-2533 Email: twall@mail.hinshawlaw.com uM BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the above-named persons at the addresses exhibited therewith and (specify one): I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. Proof of Service KYL4827-2084-5627.1ya nw Case Name: Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et al. Case No.: CGC-16-551614 KYL File No.: 6189-112 4 I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this firm’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at San Francisco, California. Executed on December 23, 2016 at San Francisco, California. I declare under penalty of perjury under the laws of the State of California and United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. MENCHIE GARCL Proof of Service KYL4827-2084-5627.1