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  • Tyler v. Western Management, LLC Other Employment Unlimited (15)  document preview
  • Tyler v. Western Management, LLC Other Employment Unlimited (15)  document preview
  • Tyler v. Western Management, LLC Other Employment Unlimited (15)  document preview
  • Tyler v. Western Management, LLC Other Employment Unlimited (15)  document preview
						
                                

Preview

CM-110 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, end adtresSETAREH LAW GROUP FOR COURT USE ONLY Shaun Setareh (SBN 204514) ; William M. Pao (SBN 219846) 315 S Beverly Drive, Suite 315 Beverly Hills, California 90212 TELEPHONE NO. 310-888-7771 FAX NO. (Optional): 310-888-0109 E-MAIL ADDRESS (Optionay: Shaun@setarehlaw.com; william@setarehlaw.com ATTORNEY FOR (Name): Plaintiff Kevin Tyler ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara ‘stReET Aopress: 191 North First Street MAILING ADDRESS: City AND ZIP CODE: San Jose, California BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: Kevin Tyler DEFENDANT/RESPONDENT: Western Management, LLC CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): UNLIMITED CASE [) imirep case 17CV319893 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 4, 2019 Time: 10:00 AM Dept: 13 Div.: Room: Address of court (if different from the address above): [4] Notice of Intent to Appear by Telephone, by (name): Shaun Setareh INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Peary or parties (answer one): This statement is submitted by party (name): Plaintiff Kevin Tyler S [1 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): 11/30/2017 b. [) The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a 4 al 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) [1 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 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. Type of case in complaint [1 cross-complaint (Describe, including causes of action): Class Action for violations of the Labor Code as well as state and federal credit reporting act. Page 10f5 Form Adored, Mendon Use CASE MANAGEMENT STATEMENT ee ST OIG ‘CM-110 (Rev. July 1, 2014] www.courts.ca.govCM-110 ‘CASE NUMBER: PLAINTIFF/PETITIONER: Kevin Tyler 17CV319893 DEFENDANT/RESPONDENT: Western Management, LLC 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 earnings. If equitable relief is sought, describe the nature of the relief.) Violations of the labor code including failure to provide meal and rest breaks, pay all hourly wages, provide accurate wage statements, timely pay all wages owed at termination, as well as violations of the Federal and State Co (lf 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 requesting a jury trial): (2) ajury trial (J) anonjury trial. (fF more than one party, provide the name of each party 6. Trial date a. [J The trial has been set for (date): b. [41 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): The Parties have a mediation scheduled for May 22, 2019. 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. [4] days (specify number): 7-10 b. [] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [4] 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: [1 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 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 ode 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. This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CRC 3.811(b)(6) TO Rev. Hay 1.2077 CASE MANAGEMENT STATEMENT Page 20r8 eatCM-110 | PLAINTIFF/PETITIONER: Kevin Tyler DEFENDANT/RESPONDENT: Western Management, LLC [CASE NUMBER: 170319893 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): oo (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): May 22, 2019 Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference 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 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): Oo i) Co Co Co oO Co OH Oo Cc | Oo {| Co oO oO Co co co {| | | 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 7, 2017] Page 30f5 CASE MANAGEMENT STATEMENT_CM-110 PLAINTIFF/PETITIONER: Kevin Tyler CASE NUMBER: = 17CV319893 DEFENDANT/RESPONDENT: Western Management, LLC 11, Insurance a. [_] Insurance carrer, if any, for party filing this statement (name): b. Reservation of rights: [7_] 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 [J 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): If the parties do not settle at mediation, Plaintiff intends to file a Motion for Class Certification 16. Discovery a. [_] The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Kevin Tyler Written Discovery Per Code Plaintiff Kevin Tyler Depositions Per Code Plaintiff Kevin Tyler Expert Discovery Per Code c¢. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): M10 Rev. ly 1.2041 CASE MANAGEMENT STATEMENT Page ofCM-110 PLAINTIFF/PETITIONER: Kevin Tyler CASE NUMBER: - 17CV319893 DEFENDANT/RESPONDENT: Western Management, LLC 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 [5 the party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer 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: May 20, 2019 Alexandra R. Mcintosh > [Lx “Ws (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. CHTTO Rev. Jay 1, 2077) CASE MANAGEMENT STATEMENT 720 21 22 23 25 26 27 28 PROOF OF SERVICE lam a citizen of the United States and am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 315 South Beverly Drive, Suite 315 Beverly Hills, CA 90212. On May 21, 2019, I served the foregoing documents described as: CASE MANAGEMENT STATEMENT in this action by transmitting a true copy thereof enclosed in a sealed envelope addressed as follows: Jennifer E. Duggan Esq. David J. Kaminski Esq. Susanna R. Matingou Esq. Stephan A. Watkins Esq. Duggan Law Corporation CARLSON & MESSER, LLP 641 Fulton Av. Suite 200 9847 Airport Blvd. Suite 1200 Sacramento, CA 95825 Los Angeles, CA 90045 Counsel for Defendant Western Counsel for Defendant Western Management, LLC Management, LLC [xX] BY MAIL lam readily familiar with the practice of Setareh Law Group for the collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with United States Postal Service the same day it is submitted for mailing with postage thereon fully prepaid at Beverly Hills, California. Iam 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. [X]_ STATE 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 Beverly Hills, California. ANITA FERNANDEZ 1 PROOF OF SERVICE