Preview
Gregory P. Einhorn (106709)
Law Office of Gregory P. Einhorn
854 Manzanita Court, Suite 110
Chico, CA 95926
(530) 898-0228 6/9/2020
greg@einhornlawoffice.com
Butte County Sheriff Kory Honea
BUTTE
STREET ADDRESS: 1775 Concord Ave., Chico, CA 95928
1775 Concord Ave.
Chico, 95928
North Butte County
Joseph Robinson
Butte County Sheriff Kory Honea
✖ 19CV03806
June 24, 2020 Time: 10:30 J. Glusman Div.:
✖ Butte County Sheriff Kory Honea
✖
Plaintiff claims injury from six hours of unlawful confinement at the Butte County Jail on December 24, 2019.Liability based on
(1) negligent training and supervision, and (2) negligent failure to provide sufficient equipment, personnel or facilities.
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
4. b. Provide a brief statement of the case, including any damages. (prersonal 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.)
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. The party or parties request a jury trial ✖ a nonjury trial. (lfmore than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. Thetrial has been setfor (date):
b. ✖ No trial date has been set. This case will be ready for trial within 12 months of the date of the
ling of the complaint (if
not, explain):
c. Dates on which parties or attorneyswi||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
wi||take (check one):
a. ✖
days (specify number): One
b. hours (short causes) (specify):
8. 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 by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mailaddress: 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 :I has ✖ has not provided the ADR information package identified
in rule 3.221to the client and reviewed ADR options with the client.
(2)For self-represented parties: Party has has not reviewed the ADR information package identied 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 .11or 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 .1 1.
(3) 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):
CM-110 [Rev. July Page 2 of5
2011]
1,
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
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 speciedinformation):
The party or parties completing have agreed to
If the party or parties completing this form in the case
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 app/y): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
:l Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
commence E E 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):
( 3 ) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial :t Judicial arbitration scheduled for
(date):
arbitration Agreed to completejudicial 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
(6) Other (specify): E (date):
Agreed to complete ADR session by (date):
:| ADR completed on (date):
0M—11o[Rev July
2011]
1, °f5
P396 3
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
11. Insurance
a. Insurance carrier, if any, for party
ling 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. A motion to consolidate coordinate will beled by (name party):
14. Bifurcation
The party or parties intend to lea 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
✖ (specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial
Motion for Summary Judgment based on Government Code sections 820.2 and 845.2.
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):
U
l-o-
m
(D
Party Description
Defendant Butte County Sheriff K. Honea Plaintiff's Deposition (if necessary) November 30, 2020
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July Page 4 0f5
2011]
1,
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
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
inCode
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 specicallywhy economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
:I 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. 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):
Meet and confer unnecessary. Mr. Robinson has made his positions clear through scores of emails and several letters.
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 caseand 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.
June 9, 2020
Gregory P. Einhorn
(TYPE OR PRINT NAME)
i //4 (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
IR“ “y 20‘”
1'
CASE MANAGEMENT STATEMENT Page 5 of 5
1 PROOF OF SERVICE
2 I declare that I am citizen of the United States and a resident of the
3 County of Butte. I am over the age of eighteen (18) years and not a party to
4 the within action. My business address is 854 Manzanita Court, Suite 110,
5 Chico, CA 95926.
6
On this date, I served the following document described as:
7
Defendant's Case Management Conference Statment
8
on the parties below by placing a true copy thereof in a sealed envelope and
9
serving the same as follows:
10
11 Joseph Robinson
1324 ½ Chestnut Street
12 Chico, CA 95928
13
14 The following is the procedure in which service of these documents was
15 effected:
16
[ X] BY MAIL – by placing such envelopes with postage thereon fully prepaid
17 In the designated area for outgoing mail in accordance with this
Office’s practice, whereby the mail is deposited in a U. S. mailbox
18 in the City of Chico, California, after the day’s business.
19 [] BY HAND DELIVERY – by delivering by hand and leaving a true copy with
the person/office at the address shown above
20
21 I declare under penalty of perjury under the laws of the State of
22 California that the foregoing is true and correct.
23 Executed on this 9th day of June, 2020 at Chico, California.
24
25
________________________
26 Gregory P. Einhorn
27
28
Preview
Gregory P. Einhorn (106709) Law Office of Gregory P. Einhorn 854 Manzanita Court, Suite 110 Chico, CA 95926 (530) 898-0228 6/9/2020 greg@einhornlawoffice.com Butte County Sheriff Kory Honea BUTTE STREET ADDRESS: 1775 Concord Ave., Chico, CA 95928 1775 Concord Ave. Chico, 95928 North Butte County Joseph Robinson Butte County Sheriff Kory Honea ✖ 19CV03806 June 24, 2020 Time: 10:30 J. Glusman Div.: ✖ Butte County Sheriff Kory Honea ✖ Plaintiff claims injury from six hours of unlawful confinement at the Butte County Jail on December 24, 2019.Liability based on (1) negligent training and supervision, and (2) negligent failure to provide sufficient equipment, personnel or facilities. CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request a jury trial ✖ a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. Thetrial has been setfor (date): b. ✖ No trial date has been set. This case will be ready for trial within 12 months of the date of the ling of the complaint (if not, explain): c. Dates on which parties or attorneyswi||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 wi||take (check one): a. ✖ days (specify number): One b. hours (short causes) (specify): 8. 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 by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: 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 :I has ✖ has not provided the ADR information package identified in rule 3.221to the client and reviewed ADR options with the client. (2)For self-represented parties: Party has has not reviewed the ADR information package identied 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 .11or 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 .1 1. (3) 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): CM-110 [Rev. July Page 2 of5 2011] 1, CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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 speciedinformation): The party or parties completing have agreed to If the party or parties completing this form in the case 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 app/y): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation :l Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement commence E E 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): ( 3 ) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial :t Judicial arbitration scheduled for (date): arbitration Agreed to completejudicial 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 (6) Other (specify): E (date): Agreed to complete ADR session by (date): :| ADR completed on (date): 0M—11o[Rev July 2011] 1, °f5 P396 3 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 11. Insurance a. Insurance carrier, if any, for party ling 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. A motion to consolidate coordinate will beled by (name party): 14. Bifurcation The party or parties intend to lea 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 ✖ (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial Motion for Summary Judgment based on Government Code sections 820.2 and 845.2. 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): U l-o- m (D Party Description Defendant Butte County Sheriff K. Honea Plaintiff's Deposition (if necessary) November 30, 2020 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July Page 4 0f5 2011] 1, CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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 inCode 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 specicallywhy economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues :I 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. 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): Meet and confer unnecessary. Mr. Robinson has made his positions clear through scores of emails and several letters. 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 caseand 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. June 9, 2020 Gregory P. Einhorn (TYPE OR PRINT NAME) i //4 (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. IR“ “y 20‘” 1' CASE MANAGEMENT STATEMENT Page 5 of 5 1 PROOF OF SERVICE 2 I declare that I am citizen of the United States and a resident of the 3 County of Butte. I am over the age of eighteen (18) years and not a party to 4 the within action. My business address is 854 Manzanita Court, Suite 110, 5 Chico, CA 95926. 6 On this date, I served the following document described as: 7 Defendant's Case Management Conference Statment 8 on the parties below by placing a true copy thereof in a sealed envelope and 9 serving the same as follows: 10 11 Joseph Robinson 1324 ½ Chestnut Street 12 Chico, CA 95928 13 14 The following is the procedure in which service of these documents was 15 effected: 16 [ X] BY MAIL – by placing such envelopes with postage thereon fully prepaid 17 In the designated area for outgoing mail in accordance with this Office’s practice, whereby the mail is deposited in a U. S. mailbox 18 in the City of Chico, California, after the day’s business. 19 [] BY HAND DELIVERY – by delivering by hand and leaving a true copy with the person/office at the address shown above 20 21 I declare under penalty of perjury under the laws of the State of 22 California that the foregoing is true and correct. 23 Executed on this 9th day of June, 2020 at Chico, California. 24 25 ________________________ 26 Gregory P. Einhorn 27 28