Preview
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Vincent Galvin #104448 / Lauren O, Miller #279448
Bowman and Brooke LLP
1741 Technology Drive, Suite 200
San Jose, CA 95110
TeLePHoNE No.: 408.279.5393 FAX NO. (Optional): 408.279.5845
E-MAIL ADDRESS (Optional): Vincent. galvin@bowmanandbrooke.com
ATTORNEY FOR (Name): TeSla, Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street aopress: 191 N. First Street
aluine appress: 191 N. First Street
ciTy ano zip cove: San Jose, CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Sz Hua Huang, et al.
DEFENDANT/RESPONDENT: Tesla, Inc., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
19CV346663
(Check one): X UNLIMITED CASE oO LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 10, 2019 Time: 10:00 am Dept.: 8 Div.: Room:
Address of court (if different from the address above):
_ Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a ]_ This statement is submitted by party (name): Tesla, Inc.
b. [1 This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date):
b. [1] The cross-complaint, if any, was filed on (date):
Service (fo be answered by plaintiffs and cross-complainants only)
a (1 Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [1] The following parties named in the complaint or cross-complaint
(1) (have not been served (specify names and explain why not):
(2) (shave been served but have not appeared and have not been dismissed (specify names):
(3) (shave had a default entered against them (specify names):
c. O The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a. Type of case in KX] complaint 1 cross-complaint (Describe, including causes of action):
As to Tesla, Inc. plaintiffs allege product liability causes of action. As to Caltrans, plaintiffs allege dangerous
condition of public property causes of action.
Page tof5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California tulas 3.720-3.730
CM-110 [Rev. July 4, 2014] www.courts.ca.gov
American LegalNe
sww.Forms\WorkFlow,com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. 19CV346663
| DEFENDANT/RESPONDENT: Tesia, Inc., et al.
and
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury
source and amount], estimated future medical expenses, lost
damages claimed, including medical expenses to date [indicate
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
to steer
Walter Huang was driving his 2017 Tesla Model X without paying proper attention to the road and failed
a concrete median barrier. The front of
the vehicle away from a damaged crash attenuator located at the end of
the Model X crashed into the crash attenuator at high speeds and Huang died in the crash. Plaintiffs allege
were
Caltrans failed to replace the crash attenuator after a prior crash and allege the Model X's autopilot features
defective
oO (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial D1 a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. {1 The trial has been set for (date):
the complaint
b. EX No trial date has been set. This case will not be ready for trial within 12 months of the date of the filing of
are
(if not, explain): The case will not be ready within 12 months of filing. The case is not at issue. The parties
still in the initial stages of discovery and investigation.
c. Dates on which parties or attorni eys will not be available for trial (specify dates and explain reasons for unavailability):
Trial counsel has trials curren' tiy set for: 2/10/20, 3/10/20, 3/23/20, 4/13/20, 6/8/20, 6/15/20, 12/8/20, 1/29/21 and
2/16/21.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. & days (specify number): 25
b. [1 _ hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [by the attorney or party listed in the caption 1 by the following:
a Attorney:
b. Firm:
¢, Address:
d. Telephone number: f. Fax number:
e. £-mail address: g. Party represented:
oO Additional representation is described in Attachment 8.
9. Preference
o This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
courts and communities; read
a. ADR information package. Piease note that different ADR processes are available In different
package provided by the court under rule 3.221 for information about the processes available through the
the ADR information
court and community programs in this case.
(1) For parties represented by counsel; Counsel has C1 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 [1] has 1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [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.
specified in Code of
@o Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount
Civil Procedure section 1141.11,
from civil action
3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Amount in controversy exceeds jurisdicational limits.
Page 2 of &
(M-110 (Rev. July 4, 2011] CASE MANAGEMENT STATEMENT
‘American LegalNet,I
‘ww Forms\WorkFlow, com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. 19CV346663
IDEFENDANT/RESPONDENT: Tesla, Inc., et al.
participate in, or
140. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
Oo Mediation session not yet scheduled
Oo Mediation session scheduled for (date):
(1) Mediation
Oo Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduted for (date):
(2) Settlement
conference Agreed to complete settlement conference by (date) :
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
Page
3 of 5
(CM-110 [Rev. July 4, 2011] CASE MANAGEMENT STATEMENT
wn Legale
snww. sms\Wor
Forms\WorkElow,com
CM-110
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. ‘CASE NUMBER:
19CV346663
| DEFENDANT/RESPONDENT: Tesla, Inc., et al.
11. Insurance
a O Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: O Yes 1 No
c. [1 _ 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.
(1 Bankruptcy [J Other (specify):
Status:
13. Related cases, consolidation, and coordination
a 1 There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[1 Additional cases are described in Attachment 13a.
b. 1 Amotion to oO consolidate oO 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):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Pre-trial motions.
16. Discovery
a (0 The party or parties have completed all discovery.
b BX The following discovery will be completed by the date specified (describe all anticipated discovery):
arty Description Date
Tesla, Inc. Written discovery Fall 2020
Deposition of plaintiff Fall 2020
Depositions of percipient witnesses Fall 2020
Vehicle inspection Fall 2020
Expert depositions Per CCP
c. (1 The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify).
CM-110 (Rev. July 1, 2041] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. CASE NUMBER:
19CV346663
| DEFENDANT/RESPONDENT: Tesla, Inc., et al.
17. Economic litigation
a (1 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. C1 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
XX] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): The case is not at issue. The State of California has not appeared or been dismissed from
the case. Additionally, discovery is only just beginning, Tesla requests the Court continue the CMC 120 days to
allow the parties to begin discovery.
19. Meet and confer
a (1 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: November 25, 2019
Lauren O. Miller
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(1 Additional signatures are attached.
CM-110 [Rev. July 4, 2014} Page 5 of 5
CASE MANAGEMENT STATEMENT
American Le
ww
Sz Hua Huang, et al. v. Tesla, Inc., et al.
Case No. 19CV346663
PROOF OF SERVICE
| am over 18 years of age, not a party to this action and employed in San Jose, California at
1741 Technology Drive, Suite 200, San Jose, California 95110-1355.
On the date indicated below, | served the foregoing documents described as TESLA,
INC.’S CASE MANAGEMENT STATEMENT on all interested parties, or through their attorneys
of record, in the manner noted, addressed as follows:
Attorneys for Plaintiffs
B. Mark Fong
Seema Bhatt
Minami Tamaki LLP
10 360 Post Street, 8" Floor
San Francisco, CA 94108-4903
11 415.788.9000
415. 398.3887 Fax
12 mfong@minamitamaki.com
sbhatt@minamitamaki.com
13
Michael A. Kelly
14 Doris Cheng
Andrew P. McDevitt
15 Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26" Floor
16 San Francisco, CA 94108
415. 981.7210
17 415.391.6965 Fax
mkelly@walkuplawoffice.com
18 dchen: walkuplawoffice.com
medevitt@walkuplawoffice.com
19
Attorneys for State of California
20 Landa Low
California Dept of Transportation-Legal Div.
21 P.O. Box 24325
Oakland, CA 94623-1325
22 510.433.9100
510.433.9167 Fax
23 Landa.low@dot.ca.go
24
X_ VIAFIRST CLASS MAIL. | caused such envelope to be deposited in the mail at San Jose,
25 California, in a sealed envelope with postage fully prepaid thereof. | am readily familiar with the firms
business practice for collection and processing of correspondence for mailing with the United States
26 Postal Service. The mail is deposited with the U.S. Postal Service on that same day in the ordinary
course of business. | am aware that on motion of the party served, service is presumed invalid if the
27 postal cancellation date or postage meter date is more than one day after the date of deposit for
mailing in affidavit.
28 4
21025562
VIA OVERNIGHT DELIVERY SERVICE. The documents were enveloped, properly
labeled, and caused to be deposited into an overnight delivery (Federal Express, United Parcel
Service, etc.) receptacle or delivered to an authorized courier or driver authorized by the express
service carrier to receive documents, in an envelope or a package designated by the express service
carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at
the office address as last given by that person on any document filed in the case and served on that
person; otherwise, at that person's place of residence.
BY ELECTRONIC SERVICE. The document was served electronically and the transmission
was reported as complete and without error.
__ VIA FACSIMILE TRANSMISSION. The document was served on the above party in this
action by causing a true copy of said document to be transmitted by facsimile to the number listed
adjacent to the name on this Proof of Service. The transmission was reported as complete and
without error.
VIA PERSONAL SERVICE. | caused such envelope(s) to be delivered by hand this date to the
10 offices of the addressee(s).
11 | declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and that this declaration was executed on November 25, 2019, at San Jose,
12 California.
13
Kelecoa OQ Abe
Rebecca A. Fuller
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21025562
Preview
CM-110 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Vincent Galvin #104448 / Lauren O, Miller #279448 Bowman and Brooke LLP 1741 Technology Drive, Suite 200 San Jose, CA 95110 TeLePHoNE No.: 408.279.5393 FAX NO. (Optional): 408.279.5845 E-MAIL ADDRESS (Optional): Vincent. galvin@bowmanandbrooke.com ATTORNEY FOR (Name): TeSla, Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street aopress: 191 N. First Street aluine appress: 191 N. First Street ciTy ano zip cove: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Sz Hua Huang, et al. DEFENDANT/RESPONDENT: Tesla, Inc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 19CV346663 (Check one): X UNLIMITED CASE oO LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 10, 2019 Time: 10:00 am Dept.: 8 Div.: Room: Address of court (if different from the address above): _ Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a ]_ This statement is submitted by party (name): Tesla, Inc. b. [1 This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): b. [1] The cross-complaint, if any, was filed on (date): Service (fo be answered by plaintiffs and cross-complainants only) a (1 Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [1] The following parties named in the complaint or cross-complaint (1) (have not been served (specify names and explain why not): (2) (shave been served but have not appeared and have not been dismissed (specify names): (3) (shave had a default entered against them (specify names): c. O The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a. Type of case in KX] complaint 1 cross-complaint (Describe, including causes of action): As to Tesla, Inc. plaintiffs allege product liability causes of action. As to Caltrans, plaintiffs allege dangerous condition of public property causes of action. Page tof5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California tulas 3.720-3.730 CM-110 [Rev. July 4, 2014] www.courts.ca.gov American LegalNe sww.Forms\WorkFlow,com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Sz Hua Huang, et al. 19CV346663 | DEFENDANT/RESPONDENT: Tesia, Inc., et al. and 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury source and amount], estimated future medical expenses, lost damages claimed, including medical expenses to date [indicate eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) to steer Walter Huang was driving his 2017 Tesla Model X without paying proper attention to the road and failed a concrete median barrier. The front of the vehicle away from a damaged crash attenuator located at the end of the Model X crashed into the crash attenuator at high speeds and Huang died in the crash. Plaintiffs allege were Caltrans failed to replace the crash attenuator after a prior crash and allege the Model X's autopilot features defective oO (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial D1 a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. {1 The trial has been set for (date): the complaint b. EX No trial date has been set. This case will not be ready for trial within 12 months of the date of the filing of are (if not, explain): The case will not be ready within 12 months of filing. The case is not at issue. The parties still in the initial stages of discovery and investigation. c. Dates on which parties or attorni eys will not be available for trial (specify dates and explain reasons for unavailability): Trial counsel has trials curren' tiy set for: 2/10/20, 3/10/20, 3/23/20, 4/13/20, 6/8/20, 6/15/20, 12/8/20, 1/29/21 and 2/16/21. Estimated length of trial The party or parties estimate that the trial will take (check one): a. & days (specify number): 25 b. [1 _ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [by the attorney or party listed in the caption 1 by the following: a Attorney: b. Firm: ¢, Address: d. Telephone number: f. Fax number: e. £-mail address: g. Party represented: oO Additional representation is described in Attachment 8. 9. Preference o This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) courts and communities; read a. ADR information package. Piease note that different ADR processes are available In different package provided by the court under rule 3.221 for information about the processes available through the the ADR information court and community programs in this case. (1) For parties represented by counsel; Counsel has C1 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 [1] has 1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [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. specified in Code of @o Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount Civil Procedure section 1141.11, from civil action 3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Amount in controversy exceeds jurisdicational limits. Page 2 of & (M-110 (Rev. July 4, 2011] CASE MANAGEMENT STATEMENT ‘American LegalNet,I ‘ww Forms\WorkFlow, com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Sz Hua Huang, et al. 19CV346663 IDEFENDANT/RESPONDENT: Tesla, Inc., et al. participate in, or 140. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): Oo Mediation session not yet scheduled Oo Mediation session scheduled for (date): (1) Mediation Oo Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduted for (date): (2) Settlement conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): Page 3 of 5 (CM-110 [Rev. July 4, 2011] CASE MANAGEMENT STATEMENT wn Legale snww. sms\Wor Forms\WorkElow,com CM-110 PLAINTIFF/PETITIONER: Sz Hua Huang, et al. ‘CASE NUMBER: 19CV346663 | DEFENDANT/RESPONDENT: Tesla, Inc., et al. 11. Insurance a O Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: O Yes 1 No c. [1 _ 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. (1 Bankruptcy [J Other (specify): Status: 13. Related cases, consolidation, and coordination a 1 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [1 Additional cases are described in Attachment 13a. b. 1 Amotion to oO consolidate oO 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): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Pre-trial motions. 16. Discovery a (0 The party or parties have completed all discovery. b BX The following discovery will be completed by the date specified (describe all anticipated discovery): arty Description Date Tesla, Inc. Written discovery Fall 2020 Deposition of plaintiff Fall 2020 Depositions of percipient witnesses Fall 2020 Vehicle inspection Fall 2020 Expert depositions Per CCP c. (1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify). CM-110 (Rev. July 1, 2041] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Sz Hua Huang, et al. CASE NUMBER: 19CV346663 | DEFENDANT/RESPONDENT: Tesla, Inc., et al. 17. Economic litigation a (1 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. C1 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 XX] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The case is not at issue. The State of California has not appeared or been dismissed from the case. Additionally, discovery is only just beginning, Tesla requests the Court continue the CMC 120 days to allow the parties to begin discovery. 19. Meet and confer a (1 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: November 25, 2019 Lauren O. Miller (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (1 Additional signatures are attached. CM-110 [Rev. July 4, 2014} Page 5 of 5 CASE MANAGEMENT STATEMENT American Le ww Sz Hua Huang, et al. v. Tesla, Inc., et al. Case No. 19CV346663 PROOF OF SERVICE | am over 18 years of age, not a party to this action and employed in San Jose, California at 1741 Technology Drive, Suite 200, San Jose, California 95110-1355. On the date indicated below, | served the foregoing documents described as TESLA, INC.’S CASE MANAGEMENT STATEMENT on all interested parties, or through their attorneys of record, in the manner noted, addressed as follows: Attorneys for Plaintiffs B. Mark Fong Seema Bhatt Minami Tamaki LLP 10 360 Post Street, 8" Floor San Francisco, CA 94108-4903 11 415.788.9000 415. 398.3887 Fax 12 mfong@minamitamaki.com sbhatt@minamitamaki.com 13 Michael A. Kelly 14 Doris Cheng Andrew P. McDevitt 15 Walkup, Melodia, Kelly & Schoenberger 650 California Street, 26" Floor 16 San Francisco, CA 94108 415. 981.7210 17 415.391.6965 Fax mkelly@walkuplawoffice.com 18 dchen: walkuplawoffice.com medevitt@walkuplawoffice.com 19 Attorneys for State of California 20 Landa Low California Dept of Transportation-Legal Div. 21 P.O. Box 24325 Oakland, CA 94623-1325 22 510.433.9100 510.433.9167 Fax 23 Landa.low@dot.ca.go 24 X_ VIAFIRST CLASS MAIL. | caused such envelope to be deposited in the mail at San Jose, 25 California, in a sealed envelope with postage fully prepaid thereof. | am readily familiar with the firms business practice for collection and processing of correspondence for mailing with the United States 26 Postal Service. The mail is deposited with the U.S. Postal Service on that same day in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if the 27 postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. 28 4 21025562 VIA OVERNIGHT DELIVERY SERVICE. The documents were enveloped, properly labeled, and caused to be deposited into an overnight delivery (Federal Express, United Parcel Service, etc.) receptacle or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or a package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the case and served on that person; otherwise, at that person's place of residence. BY ELECTRONIC SERVICE. The document was served electronically and the transmission was reported as complete and without error. __ VIA FACSIMILE TRANSMISSION. The document was served on the above party in this action by causing a true copy of said document to be transmitted by facsimile to the number listed adjacent to the name on this Proof of Service. The transmission was reported as complete and without error. VIA PERSONAL SERVICE. | caused such envelope(s) to be delivered by hand this date to the 10 offices of the addressee(s). 11 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on November 25, 2019, at San Jose, 12 California. 13 Kelecoa OQ Abe Rebecca A. Fuller 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21025562