Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Ronald S. Hodges (SBN 150586)
Kiara W. Gebhart (SBN 258226)
Shulman, Hodges & Bastian LLP
100 Spectrum Center Drive, Suite 600
Irvine, California 92618
TELEPHONE NO: 949-340-3400 FAX NO. (Optional): 949-340-3000
E-MAIL ADDRESS (Optionay: kKgebhart@shbllp.com ELECTRONICALLY
ATTORNEY FOR (ame: Wal-Mart Stores, Inc. FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Superior Court of California,
street aporess: 400 McAllister Street County of San Francisco
MAILING ADDRESS 11/01/2016
cityanozipcone: San Francisco, California 94102-4514 Clerk of the Court
prancH NAMe: Civic Center Courthouse BY:EDWARD SANTOS:
PLAINTIFF/PETITIONERWhitney R.Leeman, PHD Deputy Clerk
DEFENDANT/RESPONDENT:Newegg, Inc., et al.
CASE MANAGEMENT STATEMENT oo
(Check one): [| x | UNLIMITED CASE |") LIMITED CASE CGC 14 542330
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 16, 2016 Time: 10:30 am Dept. 610 Div.: Room:
Address of court (if different from the address above):
|_x_| Notice of Intent to Appear by Telephone, by (name): Kiara W. Gebhart, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a [x
b. |
This statement is submitted by party (name):Wal-Mart Stores, Inc.
This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): October 23, 2014
b. |_| The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. |x| 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):
they may be served):
4. Description ofcase i
a. Typeofcasein |x| complaint {} cross-complaint (Describe, including causes of action):
| The following additional parties may be added (specify names, nature of involvement in case, and date by which
Plaintiff alleges a single cause of action alleging violations of Health &
Safety Code Section 25249.6 (Proposition 65 warning requirements).
Page 1 of 5
real Counce! Calfonia CASE MANAGEMENT STATEMENT A fies 3720-3790
(CM-140 (Rev, July 1, 2044] Soluti ips
Ce PlusCM-110
PLAINTIFF/PETITIONER: Whitney R.Leeman, PHD ‘CASE NUMBER:
| DEFENDANTIRESPONDENT: Newegg, Inc., et al. re
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
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges that defendant Wal-Mart Stores, Inc. sold a backpack with
vinyl/PVC components that contain di)2-ethylhexyl) phthalate (DEHP) without
providing a warning in violation of Health & Safety Code Section 25249.6. Defendant
disputes these allegations.
{| (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 jurytrial [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. |} 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):
March 27-31, 2017 (Arbitration)
April 11-28, 2017 (Trial)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [x] days (specify number): 5
b. |] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [_X | 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 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).
a) [
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) [x] 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): Amount in
controversy exceeds $50,000 per CCP § 1775.5
eee eee eee CASE MANAGEMENT STATEMENT PeoeLeCM-110
PLAINTIFF/PETITIONER:; Whitney R.Leeman,
DEFENDANT/RESPONDENT: Newegg, Inc., et al.
PHD
‘CASE NUMBER:
cGc 14 542330
10. ¢.
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
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):
(1) Mediation
] Mediation session not yet scheduled
| Mediation session scheduled for (date).
| Agreed to complete mediation by (date):
| Mediation completed on (date):
(2) Settlement i
conference
_x_| Settlement conference not yet scheduled
| Settlement conference scheduled for (date):
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 LJ
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 r
arbitration 7
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): L]
L
| 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, 2014]
CASE MANAGEMENT STATEMENT
Page Sof §CM-110
PLAINTIFF/PETITIONER: Whitney R.Leeman, PHD ‘CASE NUMBER:
| DEFENDANT/RESPONDENT: Newegg, Inc., et al. ccc 14 542330
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
{___| The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. |__| The party or parties have completed all discovery.
b. [x | The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Wal-Mart Stores, Inc. WRITTEN DISCOVERY March 2017
Wal-Mart Stores, Inc. LAY DEPOSITION May 2017
Wal-Mart Stores, Inc. EXPERT DISCOVERY July 2017
c. | | The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CHO Rew, 4, 2017) CASE MANAGEMENT STATEMENT Page ofCM-110
PLAINTIFF/PETITIONER: Whitney R.Leeman, PHD CASE NUMBER:
| DEFENDANT/RESPONDENT: Newegg, Inc., et al. coc 14 542330
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. |_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):
1am 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 ant these i issues at the time of
the case management conference, including the written authority of the party where required.
Date: November 1, 2016
lope CD
Kiara W. Gebhart (SBN 258226) >
~~ siGATURE OF PARTY GR TORN
x
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
| Additional signatures are attached.
GwATO Row dy 9, 2018) CASE MANAGEMENT STATEMENT Pago 5 oF28
‘SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
vine, CA 92618
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
Tam employed in the City of Irvine, County of Orange, State of California. I am over the age of 18 years and not a
party to the within action. My business address is 100 Spectrum Center Drive, Suite 600, Irvine, California 92618.
On November 1, 2016, I served the documents named below on the parties in this Action as follows:
DOCUMENT(S) SERVED: DEFENDANT WAL-MART STORES, INC.’S CASE
MANAGEMENT STATEMENT
SERVED UPON: SEE THE ATTACHED SERVICE LIST
[xX] (BY MAIL) I caused each such envelope, with postage thereon fully prepaid, to be placed in the United
States mail at Irvine, California. I am readily familiar with the practice of Shulman Hodges & Bastian LLP
for collection and processing of correspondence for mailing, said practice being that in the ordinary course
of business, mail is deposited in the United States Postal Service the same day as it is placed for collection.
1 am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after deposit for mailing in affidavit.
[ (BY ELECTRONIC SERVICE) On November 1, 2016, I affected electronic service of the above-
referenced document(s) on the interested parties listed on the attached Service List by submitting an
electronic version of the document(s) to One Legal, LLC, through the user interface at www.onelegal.com.
[ (BY FACSIMILE) The above-referenced document was transmitted by facsimile transmission and the
transmission was reported as completed and without error. Pursuant to C.R.C. 2009(i), I either caused, or
had someone cause, the transmitting machine to properly transmit the attached documents to the facsimile
numbers shown on the service list.
1 (BY OVERNIGHT DELIVERY) I am readily familiar with the practice of Shulman Hodges & Bastian
LLP for collection and processing of documents for overnight delivery and know that the document(s)
described herein will be deposited in a box or other facility regularly maintained by Federal Express or
Norco Delivery Services for overnight delivery or by Express Mail via the United States Postal Service.
{ (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the
parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent to the
persons at the e-mail addresses as listed above and/or on the attached Service List. I did not receive, within
a reasonable time after the transmission, any electronic message or other indication that the transmission
was unsuccessful.
I] (BY PERSONAL SERVICE) | delivered to an authorized courier or driver authorized by Nationwide
Legal, LLC to receive documents to be delivered on the same date. A proof of service signed by the
authorized courier shall be filed upon receipt from Nationwide Legal, LLC.
[xX] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
Executed on November 1, 2016, at Irvine, California. Kh 7
wt
Cynthia A. Tdmpkins
PROOF OF SERVICE1 SERVICE LIST
3 Counsel for Plaintiff, Whitney R. Leeman, Ph.D.
Brian C. Johnson, Esq.
4 |Josh Voorhees, Esq.
THE CHANLER GROUP
2560 Ninth Street
Parker Plaza, Suite 214
Berkeley, CA 94710-2565
Telephone: (510) 848-8880
Facsimile: (510) 848-8118
8 | E-mail: brian@chanler.com
an nw
9 | Counsel for Newegg, Inc., Magnell Associate, Inc.
and Rosewill, Inc.
Brian M. Ledger, Esq.
11 | GORDON & REES LLP
101 W. Broadway, Suite 2000
12 |/San Diego, CA 92101
Telephone: (619) 696-6700
13 || Facsimile: (619) 696-7124
E-mail: bledger@gordonrees.com
15 | Counsel for Amazon.com, Inc.
Jeffrey B. Margulies, Esq.
16 || Norton Rose Fulbright LLP
555 S. Flower Street, 4" Floor
17 Los Angeles, California 90071
Telephone: (213) 892-9200
Facsimile: (213) 892-9494
19 || E-mail: jeffmargulies@nortonrosefulbright.com
28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
irvine Ga s0618 PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Ronald S. Hodges (SBN 150586) Kiara W. Gebhart (SBN 258226) Shulman, Hodges & Bastian LLP 100 Spectrum Center Drive, Suite 600 Irvine, California 92618 TELEPHONE NO: 949-340-3400 FAX NO. (Optional): 949-340-3000 E-MAIL ADDRESS (Optionay: kKgebhart@shbllp.com ELECTRONICALLY ATTORNEY FOR (ame: Wal-Mart Stores, Inc. FILED SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Superior Court of California, street aporess: 400 McAllister Street County of San Francisco MAILING ADDRESS 11/01/2016 cityanozipcone: San Francisco, California 94102-4514 Clerk of the Court prancH NAMe: Civic Center Courthouse BY:EDWARD SANTOS: PLAINTIFF/PETITIONERWhitney R.Leeman, PHD Deputy Clerk DEFENDANT/RESPONDENT:Newegg, Inc., et al. CASE MANAGEMENT STATEMENT oo (Check one): [| x | UNLIMITED CASE |") LIMITED CASE CGC 14 542330 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 16, 2016 Time: 10:30 am Dept. 610 Div.: Room: Address of court (if different from the address above): |_x_| Notice of Intent to Appear by Telephone, by (name): Kiara W. Gebhart, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a [x b. | This statement is submitted by party (name):Wal-Mart Stores, Inc. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): October 23, 2014 b. |_| The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. |x| 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): they may be served): 4. Description ofcase i a. Typeofcasein |x| complaint {} cross-complaint (Describe, including causes of action): | The following additional parties may be added (specify names, nature of involvement in case, and date by which Plaintiff alleges a single cause of action alleging violations of Health & Safety Code Section 25249.6 (Proposition 65 warning requirements). Page 1 of 5 real Counce! Calfonia CASE MANAGEMENT STATEMENT A fies 3720-3790 (CM-140 (Rev, July 1, 2044] Soluti ips Ce PlusCM-110 PLAINTIFF/PETITIONER: Whitney R.Leeman, PHD ‘CASE NUMBER: | DEFENDANTIRESPONDENT: Newegg, Inc., et al. re 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 eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges that defendant Wal-Mart Stores, Inc. sold a backpack with vinyl/PVC components that contain di)2-ethylhexyl) phthalate (DEHP) without providing a warning in violation of Health & Safety Code Section 25249.6. Defendant disputes these allegations. {| (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 jurytrial [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. |} 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): March 27-31, 2017 (Arbitration) April 11-28, 2017 (Trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [x] days (specify number): 5 b. |] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [_X | 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 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). a) [ 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) [x] 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): Amount in controversy exceeds $50,000 per CCP § 1775.5 eee eee eee CASE MANAGEMENT STATEMENT PeoeLeCM-110 PLAINTIFF/PETITIONER:; Whitney R.Leeman, DEFENDANT/RESPONDENT: Newegg, Inc., et al. PHD ‘CASE NUMBER: cGc 14 542330 10. ¢. 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 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): (1) Mediation ] Mediation session not yet scheduled | Mediation session scheduled for (date). | Agreed to complete mediation by (date): | Mediation completed on (date): (2) Settlement i conference _x_| Settlement conference not yet scheduled | Settlement conference scheduled for (date): 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 LJ 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 r arbitration 7 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): L] L | 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, 2014] CASE MANAGEMENT STATEMENT Page Sof §CM-110 PLAINTIFF/PETITIONER: Whitney R.Leeman, PHD ‘CASE NUMBER: | DEFENDANT/RESPONDENT: Newegg, Inc., et al. ccc 14 542330 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 {___| The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. |__| The party or parties have completed all discovery. b. [x | The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Wal-Mart Stores, Inc. WRITTEN DISCOVERY March 2017 Wal-Mart Stores, Inc. LAY DEPOSITION May 2017 Wal-Mart Stores, Inc. EXPERT DISCOVERY July 2017 c. | | The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CHO Rew, 4, 2017) CASE MANAGEMENT STATEMENT Page ofCM-110 PLAINTIFF/PETITIONER: Whitney R.Leeman, PHD CASE NUMBER: | DEFENDANT/RESPONDENT: Newegg, Inc., et al. coc 14 542330 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. |_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): 1am 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 ant these i issues at the time of the case management conference, including the written authority of the party where required. Date: November 1, 2016 lope CD Kiara W. Gebhart (SBN 258226) > ~~ siGATURE OF PARTY GR TORN x (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) | Additional signatures are attached. GwATO Row dy 9, 2018) CASE MANAGEMENT STATEMENT Pago 5 oF28 ‘SHULMAN HODGES & BASTIAN LLP 100 Spectrum Center Drive Suite 600 vine, CA 92618 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE Tam employed in the City of Irvine, County of Orange, State of California. I am over the age of 18 years and not a party to the within action. My business address is 100 Spectrum Center Drive, Suite 600, Irvine, California 92618. On November 1, 2016, I served the documents named below on the parties in this Action as follows: DOCUMENT(S) SERVED: DEFENDANT WAL-MART STORES, INC.’S CASE MANAGEMENT STATEMENT SERVED UPON: SEE THE ATTACHED SERVICE LIST [xX] (BY MAIL) I caused each such envelope, with postage thereon fully prepaid, to be placed in the United States mail at Irvine, California. I am readily familiar with the practice of Shulman Hodges & Bastian LLP for collection and processing of correspondence for mailing, said practice being that in the ordinary course of business, mail is deposited in the United States Postal Service the same day as it is placed for collection. 1 am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after deposit for mailing in affidavit. [ (BY ELECTRONIC SERVICE) On November 1, 2016, I affected electronic service of the above- referenced document(s) on the interested parties listed on the attached Service List by submitting an electronic version of the document(s) to One Legal, LLC, through the user interface at www.onelegal.com. [ (BY FACSIMILE) The above-referenced document was transmitted by facsimile transmission and the transmission was reported as completed and without error. Pursuant to C.R.C. 2009(i), I either caused, or had someone cause, the transmitting machine to properly transmit the attached documents to the facsimile numbers shown on the service list. 1 (BY OVERNIGHT DELIVERY) I am readily familiar with the practice of Shulman Hodges & Bastian LLP for collection and processing of documents for overnight delivery and know that the document(s) described herein will be deposited in a box or other facility regularly maintained by Federal Express or Norco Delivery Services for overnight delivery or by Express Mail via the United States Postal Service. { (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent to the persons at the e-mail addresses as listed above and/or on the attached Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I] (BY PERSONAL SERVICE) | delivered to an authorized courier or driver authorized by Nationwide Legal, LLC to receive documents to be delivered on the same date. A proof of service signed by the authorized courier shall be filed upon receipt from Nationwide Legal, LLC. [xX] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on November 1, 2016, at Irvine, California. Kh 7 wt Cynthia A. Tdmpkins PROOF OF SERVICE1 SERVICE LIST 3 Counsel for Plaintiff, Whitney R. Leeman, Ph.D. Brian C. Johnson, Esq. 4 |Josh Voorhees, Esq. THE CHANLER GROUP 2560 Ninth Street Parker Plaza, Suite 214 Berkeley, CA 94710-2565 Telephone: (510) 848-8880 Facsimile: (510) 848-8118 8 | E-mail: brian@chanler.com an nw 9 | Counsel for Newegg, Inc., Magnell Associate, Inc. and Rosewill, Inc. Brian M. Ledger, Esq. 11 | GORDON & REES LLP 101 W. Broadway, Suite 2000 12 |/San Diego, CA 92101 Telephone: (619) 696-6700 13 || Facsimile: (619) 696-7124 E-mail: bledger@gordonrees.com 15 | Counsel for Amazon.com, Inc. Jeffrey B. Margulies, Esq. 16 || Norton Rose Fulbright LLP 555 S. Flower Street, 4" Floor 17 Los Angeles, California 90071 Telephone: (213) 892-9200 Facsimile: (213) 892-9494 19 || E-mail: jeffmargulies@nortonrosefulbright.com 28 SHULMAN HODGES & BASTIAN LLP 100 Spectrum Center Drive irvine Ga s0618 PROOF OF SERVICE