Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
NORTON ROSE FULBRIGHT US LLP
JEFFREY B. MARGULIES (BAR NO, 126002)
LAUREN A. SHOOR (BAR NO. 280788)
555 South Flower Street, 41st Floor
Los Angeles, California 90071
nro : (213) 892-9200 FAX.NO. (Optiona): (213) 892-9494 ELECTRONICALLY
E-MAIL ADDRESS (Optonay: jeff, Margulies @nortonrosefulbright.com FILED
ATTORNEY FOR (Name) Defendant Amazon.com, Inc. Superior Court of California,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCIS! County of San Francisco
street aporess: 400 McAllister Street 10/21/2016
waiuns aopress: Same Clerk of the Court
ciry ano zip cove: San Francisco, CA 94102 BY:EDWARD SANTOS
srancn nave: Civic Center Courthouse Deputy Clerk
PLAINTIFF/PETITIONER WHITNEY R. LEEMAN, PH.D.
DEFENDANT/RESPONDENT:NEWEGG INC.; MAGNELL ASSOCIATE, INC.;
ROSEWILL INC.; AMAZON.COM, INC.; ET AL.
CASE MANAGEMENT STATEMENT er
(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 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
X_] Notice of Intent to Appear by Telephone, by (name): Lauren A. Shoor
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name):Defendant Amazon.com, 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-compiaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Typeofcasein [X] complaint [~] cross-complaint (Describe, including causes of action):
Complaint for civil penalties and injunctive relief for alleged violations of California Health & Safety code
sections 25249.5, et seq. (Proposition 65) based on alleged exposure to DEHP from headsets with
vinyl/PVC components and/or cords.
Page 1 of 5
Judicial Council of Califoria i
Ferree ceunei ee CASE MANAGEMENT STATEMENT 5 diffs “Flt 9720-8795
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(CM-110 (Rev. July 7, 2011]CM-110
PLAINTIFF/PETITIONER: WHITNEY R. LEEMAN, PH.D. ‘CASE NUMBER:
DEFENDANT/RESPONDENT: NEWEGG INC.: MAGNELL ASSOCIATE, INC.; | C6C-14-542330
ROSEWILL INC., AMAZON.COM, INC.- ET AL.
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 eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff seeks injunctive relief, civil penalties, and attorney's fees for alleged violations of Proposition 65
based on the manufacture, distribution, and/or sale of headsets with vinyl/PVC components and/or
cords allegedly containing DEHP and failure to give warning.
(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] anonjury 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. LX] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a.
b.
X] days (specify number): 5-7
hours (short causes) (specify):
8. Trial representation (to be answered for each pal
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
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) LX] 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): 3.811(b)(1) prayer for
equitable reliefCM-110
PLAINTIFF/PETITIONER: WHITNEY R. LEEMAN, PH.D. ‘CASE NUMBER:
EFENDANTRESPONDENT: NEWEGG INC.: MAGNELL ASSOCIATE, INC,; | CGC-14-542330
a INC.: AMAZON.COM, 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
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
(2) Settlement
conference
(3) Neutral evaluation
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
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):
PEEEEELL
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(CM-146 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT
Page Sof §CM-110
PLAINTIFF/PETITIONER: WHITNEY R. LEEMAN, PH.D. CASE NUMBER:
DEFENDANT/RESPONDENT: NEWEGG INC.; MAGNELL ASSOCIATE, INC.; CGC-14-542330
ROSEWILL INC.; AMAZON.COM, INC.; ET AL.
NY St
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.
(J 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. A motion to consolidate coordinate will be filed by (name party):
14, Bifurcation
(1 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): Defendant intends to seek bifurcation of one or
more issues at trial
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. LX] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Amazon.com, Inc. Written discovery Per code
Amazon.com, Inc. Depositions Per code
Amazon.com, Inc. Expert discovery Per code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
a nee 120k) CASE MANAGEMENT STATEMENT Page 4 of §CM-110
PLAINTIFF/PETITIONER: WHITNEY R. LEEMAN, PH.D. ‘CASE NUMBER:
DEFENDANTIRESPONDENT: NEWEGG INC.: MAGNELL ASSOCIATE, INC.; | CGC-14-542330
ROSEWILL INC.; AMAZON.COM, INC.: ET AL.
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):
| 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: October 21, 2016 oD\~~
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
. Shoor
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
(CM-4110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT ——Co oe YN DA HW Rh WN &
NN NY NY NY KY KY KH HY BS Bee ew ewe eB Be Be
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Document PREPARED
(ON RECYCLED PAPER
PROOF OF SERVICE
I, Monica Tapia, declare:
Iam a citizen of the United States and employed in Los Angeles County, California. I am
over the age of eighteen years and not a party to the within-entitled action. My business address
is 555 South Flower Street, Forty-First Floor, Los Angeles, California 90071. On October 21,
2016, I served a copy of the within document(s):
O
Oo
CASE MANAGEMENT STATEMENT
by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Los Angeles, California addressed as set
forth below.
by placing the document(s) listed above in a sealed Federal Express envelope and
affixing a pre-paid air bill, and causing the envelope to be delivered to a Federal
Express agent for delivery.
by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.
by electronically submitting the foregoing to the approved electronic service
vendor selected by the court. All parties registered for electronic service will
receive notice of this filing by operation of File & ServeXpress. Any parties not
registered for electronic service will receive a paper copy this electronically filed
document through the United States Postal Service.
Brian C. Johnson Attorneys for Plaintiff
Josh Voorhees Whitney R. Leeman, Ph.D.
The Chanler Group
2560 Ninth Street
Parker Plaza, Suite 214
Berkeley, CA 94710-2565
Tel: (510) 848-8880
Fax: (510) 848-8118
brian@chanler.com
josh@chanler.com
Brian M. Ledger Attorneys for Newegg Inc., Magnell
Gordon & Rees LLP Associate, Inc. and Rosewill, Inc.
101 W. Broadway
Suite 2000
San Diego, CA 92101
bledger
ordonrees.com
-1-
PROOF OF SERVICECo em ND HW BF WN
NN YY NY NR NN NY Be Be Be Be =
BRRRKRBBHRBE SEW ABDREBEKRES
‘Document PREPARED
‘ON RECYCLED PAPER
Iam readily familiar with the 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 fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
Executed on October 21, 2016, at Los Angeles, California.
ica Tapia
-2-
PROOF OF SERVICE