Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Michael D. Bruno (SBN 166805) Alyson S. Cabrera (SBN 222717) / Sara A
Moore (SBN 294255)
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, 20" Floor
San Francisco, CA 94111
TELEPHONE NO: 415-986-5900 FAX NO. (Optional). 415-986-8054
E-MAIL ADDRESS (Optional): STMOore@grsm.com
ATTORNEY FOR (Name). Defendant STANFORD HEALTH CARE.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 North First Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME.
PLAINTIFF/PETITIONER: BRIAN NITENSON
DEFENDANT/RESPONDENT: STANFORD HEALTH CARE, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
18CV336715
(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: May 28, 2019 Time: 10:00am Dept.: 2 Div. Room:
Address of court (if different from the address above):
& Notice of Intent to Appear by Telephone, by (name): Sara A. Moore
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. 1 This statement is submitted by party (name): Defendant STANFORD HEALTH CARE
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 (to be answered by plaintiffs and cross-complainants only)
a o All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b OF The following parties named in the complaint or cross-complaint
(1) (have not been served (specify names and explain why not):
(2) Oo 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. Oo 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 [X]_ complaint (4 cross-complaint (Describe, including causes of action):
discrimination; failure to prevent discrimination; harassment, retaliation in violation of FEHA and Labor Code
section 1102.5, 6310; violation of CFRA; failure to accomodate and engage in interactive process
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Coun,
Judicial Counet! of California rules 3.720-3,730
CM-110 [Rev. July 1, 2011] vw. courts.ca.gov
corms) in @
CM-110
CASE NUMBER’
PLAINTIFF/PETITIONER: BRIAN NITENSON
18CV336715
| DEFENDANT/RESPONDENT: STANFORD HEALTH CARE, 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
earnings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff Brian Nitenson ("Plaintiff') vaguely alleges that his former employer, Stanford Health Care ("SHC")
engaged in unlawful conduct by failing to accommodate his purported disability or investigate his complaints.
Plaintiff's complaint is nearly devoid of any factual allegations however and SHC has filed a demurrer, which is
currently pending. In reality, SHC lawfully terminated Plaintiff's employment after he engaged in a serious gross
misconduct by posting private patient information online. Plaintiff is not entitled to any damages or other relief.
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 triat OC 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):
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):
2019: 5/28; 6/4; 6/27; 7/22; 8/6; 8/20; 8/26; 9/23; 10/28; 11/18; 12/2 2020: 1/10; 2/10; 2/11; 2/24; 4/10; 5/11;
5/26; 10/26; Other unavailable date: 8/5/19-8/12/19; 12/23/19-1/3/20
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. &] days (specify number): 4-5 days
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 C1 by the following:
a Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
oO Additional representation is described in Attachment 8.
Preference
Oo This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
read
a. ADR information package. Please note that different ADR processes are available in different courts and communities;
ADR information package provided by the court under rule 3.221 for information about the processes available through the
the
court and community programs in this case.
provided the ADR information package identified
(1) For parties represented by counsel: Counsel C1 has C1 has not
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party C1 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
exceed the
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not
statutory limit.
@ O 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.
action
(3) (1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Page 2 of 5
M-110 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT
Amerie:
w
CM-110
PLAINTIFF/PETITIONER: BRIAN NITENSON ‘CASE NUMBER:
18CV336715
IDEFENDANT/RESPONDENT: STANFORD HEALTH CARE, 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 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
Qo Mediation session scheduled for (date):
(1) Mediation
ag Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled 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):
CM-110 (Rev, July 1, 2011] Page 3 of §
CASE MANAGEMENT STATEMENT
un LegalNe
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: BRIAN NITENSON
18CV336715
| DEFENDANT/RESPONDENT: STANFORD HEALTH CARE, et al.
41. Insurance
a O Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: OO 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 [] 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:
(Additional cases are described in Attachment 13a.
b. (1 Amotion to Oo onsolidate Oo coordinate will be filed by (name party):
14, Bifurcation
(2 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):
Motion for Summary Judgment and/or Summary Adjudication; discovery motions (as necessary)
16. Discovery
a (C1 The party or parties have completed alll discovery.
b &] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Plaintiff's Deposition September 2019
Defendant Witness Depositions Per Code
Defendant Written Discovery Per Code
Defendant Expert Discovery Per Code
c. C1 The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 4 of §
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT
aN
ormsWa
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: BRIAN NITENSON
18CV336715
| DEFENDANT/RESPONDENT: STANFORD HEALTH CARE, 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. (1 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
(1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): SHC filed a demurrer which is currently pending and set for hearing on July 2, 2019.
19. Meet and confer
a C1 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): SHC filed a demurrer which is currently pending and set for hearing on July 2, 2019
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,
issues at the time of
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these
the case management conference, including the written authority of the party where required.
Date: May 20, 2019
Sara A. Moore alll (Wt _—
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY)
C2 Additional signatures are attached.
Page 5 of §
(CM-110 [Rev. July 4, 2011] CASE MANAGEMENT STATEMENT
a ict al
w
PROOF OF SERVICE
Brian Nitenson v. Stanford Health Care
Santa Clara County Superior Court, Case No. 18CV336715
Iam a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP 275 Battery
Street, Suite 2000, San Francisco, CA 94111. On the below-mentioned date, I served the within
documents:
CASE MANAGEMENT STATEMENT (5.28.19 HEARING)
by instructing Nationwide to e-serve all parties listed on the court’s website
By emailing the document(s) listed above to the email address below
10 by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in United States mail in the State of California at San Francisco, CA,
11 addressed as set forth below.
by placing a true copy thereof enclosed in a sealed envelope, at a station designated
on
12 for collection and processing of envelopes and packages for overnight delivery by
ac FedEx as part of the ordinary business practices of Gordon & Rees LLP described
£3 13 below, addressed as follows:
5a
nt
el
14
15 Michael J. Freiman
LAW OFFICES OF MICHAEL FREIMAN
Sm
16 100 Wilshire Blvd’, Suite 700
a
wn Santa Monica, CA 90401
17 Tel: 310-917-1022
Email; mike@employlegal.com
18 Attorneys for Plaintiff
19
20
21 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
22 day with postage thereon fully prepaid in the ordinary course of business. | am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
23 meter date is more than one day after the date of deposit for mailing in affidavit.
24 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct. Executed on May 21, 2019 at San Francisco, California.
25
26
27 Matt Dalton
28
TITISS3/418364501
PROOF OF SERVICE
PROOF OF SERVICE
Brian Nitenson vy. Stanford Health Care
Santa Clara County Superior Court, Case No. 18CV336715
Iam a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP 275 Battery
Street, Suite 2000, San Francisco, CA 94111. On the below-mentioned date, | served the within
documents:
CASE MANAGEMENT STATEMENT (5.28.19 HEARING)
by instructing Nationwide to e-serve all parties listed on the court’s website
By emailing the document(s) listed above to the email address below
10 by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in United States mail in the State of California at San Francisco, CA,
addressed as set forth below.
11
by placing a true copy thereof enclosed in a sealed envelope, at a station designated
S- 12 for collection and processing of envelopes and packages for overnight delivery by
as FedEx as part of the ordinary business practices of Gordon & Rees LLP described
ait 13 below, addressed as follows:
so
nnt
gel
14
15 Michael J. Freiman
LAW OFFICES OF MICHAEL FREIMAN
Se
age 16 100 Wilshire Blvd., Suite 700
mn Santa Monica, CA 90401
17 Tel: 310-917-1022
Email: mike@employlegal.com
18 Attorneys for Plaintiff
19
20
21 1am 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
22 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
23 meter date is more than one day after the date of deposit for mailing in affidavit.
24 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct. Executed on May 21, 2019 at San Francisco, California.
25
26
Cc
“Wwe?
27 Matt Dalton
28
LITESS3/4 18430438 1
=
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Michael D. Bruno (SBN 166805) Alyson S. Cabrera (SBN 222717) / Sara A Moore (SBN 294255) GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, 20" Floor San Francisco, CA 94111 TELEPHONE NO: 415-986-5900 FAX NO. (Optional). 415-986-8054 E-MAIL ADDRESS (Optional): STMOore@grsm.com ATTORNEY FOR (Name). Defendant STANFORD HEALTH CARE. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME. PLAINTIFF/PETITIONER: BRIAN NITENSON DEFENDANT/RESPONDENT: STANFORD HEALTH CARE, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 18CV336715 (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: May 28, 2019 Time: 10:00am Dept.: 2 Div. Room: Address of court (if different from the address above): & Notice of Intent to Appear by Telephone, by (name): Sara A. Moore INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. 1 This statement is submitted by party (name): Defendant STANFORD HEALTH CARE 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 (to be answered by plaintiffs and cross-complainants only) a o All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b OF The following parties named in the complaint or cross-complaint (1) (have not been served (specify names and explain why not): (2) Oo 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. Oo 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 [X]_ complaint (4 cross-complaint (Describe, including causes of action): discrimination; failure to prevent discrimination; harassment, retaliation in violation of FEHA and Labor Code section 1102.5, 6310; violation of CFRA; failure to accomodate and engage in interactive process Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Coun, Judicial Counet! of California rules 3.720-3,730 CM-110 [Rev. July 1, 2011] vw. courts.ca.gov corms) in @ CM-110 CASE NUMBER’ PLAINTIFF/PETITIONER: BRIAN NITENSON 18CV336715 | DEFENDANT/RESPONDENT: STANFORD HEALTH CARE, 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 earnings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiff Brian Nitenson ("Plaintiff') vaguely alleges that his former employer, Stanford Health Care ("SHC") engaged in unlawful conduct by failing to accommodate his purported disability or investigate his complaints. Plaintiff's complaint is nearly devoid of any factual allegations however and SHC has filed a demurrer, which is currently pending. In reality, SHC lawfully terminated Plaintiff's employment after he engaged in a serious gross misconduct by posting private patient information online. Plaintiff is not entitled to any damages or other relief. 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 triat OC 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): 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): 2019: 5/28; 6/4; 6/27; 7/22; 8/6; 8/20; 8/26; 9/23; 10/28; 11/18; 12/2 2020: 1/10; 2/10; 2/11; 2/24; 4/10; 5/11; 5/26; 10/26; Other unavailable date: 8/5/19-8/12/19; 12/23/19-1/3/20 Estimated length of trial The party or parties estimate that the trial will take (check one): a. &] days (specify number): 4-5 days 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 C1 by the following: a Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: oO Additional representation is described in Attachment 8. Preference Oo This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) read a. ADR information package. Please note that different ADR processes are available in different courts and communities; ADR information package provided by the court under rule 3.221 for information about the processes available through the the court and community programs in this case. provided the ADR information package identified (1) For parties represented by counsel: Counsel C1 has C1 has not in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party C1 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 exceed the mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not statutory limit. @ O 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. action (3) (1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Page 2 of 5 M-110 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Amerie: w CM-110 PLAINTIFF/PETITIONER: BRIAN NITENSON ‘CASE NUMBER: 18CV336715 IDEFENDANT/RESPONDENT: STANFORD HEALTH CARE, 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 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 Qo Mediation session scheduled for (date): (1) Mediation ag Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled 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): CM-110 (Rev, July 1, 2011] Page 3 of § CASE MANAGEMENT STATEMENT un LegalNe CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: BRIAN NITENSON 18CV336715 | DEFENDANT/RESPONDENT: STANFORD HEALTH CARE, et al. 41. Insurance a O Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: OO 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 [] 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: (Additional cases are described in Attachment 13a. b. (1 Amotion to Oo onsolidate Oo coordinate will be filed by (name party): 14, Bifurcation (2 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): Motion for Summary Judgment and/or Summary Adjudication; discovery motions (as necessary) 16. Discovery a (C1 The party or parties have completed alll discovery. b &] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Plaintiff's Deposition September 2019 Defendant Witness Depositions Per Code Defendant Written Discovery Per Code Defendant Expert Discovery Per Code c. C1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page 4 of § CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT aN ormsWa CM-110 CASE NUMBER PLAINTIFF/PETITIONER: BRIAN NITENSON 18CV336715 | DEFENDANT/RESPONDENT: STANFORD HEALTH CARE, 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. (1 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 (1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): SHC filed a demurrer which is currently pending and set for hearing on July 2, 2019. 19. Meet and confer a C1 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): SHC filed a demurrer which is currently pending and set for hearing on July 2, 2019 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, issues at the time of as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these the case management conference, including the written authority of the party where required. Date: May 20, 2019 Sara A. Moore alll (Wt _— (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY) C2 Additional signatures are attached. Page 5 of § (CM-110 [Rev. July 4, 2011] CASE MANAGEMENT STATEMENT a ict al w PROOF OF SERVICE Brian Nitenson v. Stanford Health Care Santa Clara County Superior Court, Case No. 18CV336715 Iam a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000, San Francisco, CA 94111. On the below-mentioned date, I served the within documents: CASE MANAGEMENT STATEMENT (5.28.19 HEARING) by instructing Nationwide to e-serve all parties listed on the court’s website By emailing the document(s) listed above to the email address below 10 by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in United States mail in the State of California at San Francisco, CA, 11 addressed as set forth below. by placing a true copy thereof enclosed in a sealed envelope, at a station designated on 12 for collection and processing of envelopes and packages for overnight delivery by ac FedEx as part of the ordinary business practices of Gordon & Rees LLP described £3 13 below, addressed as follows: 5a nt el 14 15 Michael J. Freiman LAW OFFICES OF MICHAEL FREIMAN Sm 16 100 Wilshire Blvd’, Suite 700 a wn Santa Monica, CA 90401 17 Tel: 310-917-1022 Email; mike@employlegal.com 18 Attorneys for Plaintiff 19 20 21 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 22 day with postage thereon fully prepaid in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage 23 meter date is more than one day after the date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 21, 2019 at San Francisco, California. 25 26 27 Matt Dalton 28 TITISS3/418364501 PROOF OF SERVICE PROOF OF SERVICE Brian Nitenson vy. Stanford Health Care Santa Clara County Superior Court, Case No. 18CV336715 Iam a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000, San Francisco, CA 94111. On the below-mentioned date, | served the within documents: CASE MANAGEMENT STATEMENT (5.28.19 HEARING) by instructing Nationwide to e-serve all parties listed on the court’s website By emailing the document(s) listed above to the email address below 10 by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in United States mail in the State of California at San Francisco, CA, addressed as set forth below. 11 by placing a true copy thereof enclosed in a sealed envelope, at a station designated S- 12 for collection and processing of envelopes and packages for overnight delivery by as FedEx as part of the ordinary business practices of Gordon & Rees LLP described ait 13 below, addressed as follows: so nnt gel 14 15 Michael J. Freiman LAW OFFICES OF MICHAEL FREIMAN Se age 16 100 Wilshire Blvd., Suite 700 mn Santa Monica, CA 90401 17 Tel: 310-917-1022 Email: mike@employlegal.com 18 Attorneys for Plaintiff 19 20 21 1am 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 22 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 23 meter date is more than one day after the date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 21, 2019 at San Francisco, California. 25 26 Cc “Wwe? 27 Matt Dalton 28 LITESS3/4 18430438 1 = PROOF OF SERVICE