Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar num�r. and oddross): FOR COURT USE ONLY
Thomas Dimitre SBN 276924
PO Box 801
Ashland, OR 97520
TELEPHONE NO.; 5418905022 FAX NO. (Optional): 5414884601
E-MAIL ADDRESS 1op1ionaQ: dimitre@mind.net 7/6/2020
. ATTORNEY FOR /Name): Teresa Randolph
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
srREET ADDREss· 1775 Concord Ave
MAILING ADDRESS•
cITYANDzIPcooe, Chico, CA 95928
BRANCH NAME:
PLAINTIFF/PETITIONER:Teresa Randolph
DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER·
(Check one): m UNLIMITED CASE
(Amount demanded
D LIMITED CASE
(Amount demanded is $25,000
19CV01226
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 07/22/2020 Time: 9 am Address of court (if Dept.: Div.: Room:
different from the address above):
[ZJ Notice of Intent to Appear by Telephone, by (name): Thomas Dimitre
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. W This statement is submitted by party (name):
Teresa Randolph
b. D 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):
4/19/19
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. W All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
( 3) D have had a default entered against them (specify names):
c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be seNed):
4. Description of case
a. Type of case inW complaint D cross-complaint (Describe, including causes of action):
Employment discrimination and constructive discharge case
Pa o1ot5
Form Ad<)pted lo, Mandalo,y Use
Judicial Council of Caliromia
CASE MANAGEMENT STATEMENT Cal. Rules of Coun,
NKlS 3.720-3.730
CM-110(Rav. July 1, 20111 www.courls.ca.gov
CM-1 1 0
PLAINTIFF/PETITIONER: Teresa Randolph
V01226
“SEC"W’E":
19
DEFENDANT/RESPONDENT: Trustees of the Calif State Univ. State of Calif. et al.
4. b. Provide a brief statement of the case. Including any damages. (prersonal injury damages are sought, specify the Injury and
source and amount], estimated future medical expenses, lost
damages claimed, including medical expenses to date nd/bate
earnings to date. and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff was discriminated against due to her disability. already agreed upon accommodations unilaterally
removed, no interactive process or reasonable accommodations. Plaintiff was constructively discharged when
her physician recommended that she not return to work due to the unwillingness of Defendants to comply with the
FEHA. Damages $750,000 ot which approx $350k is lost wages/retirement and $400k is pain and suffering.
D more
(If space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request E
a jury trial a nonjury trial. (If more than one party. provide the name of each party
requesting a jury trial):
6. Trial data
a. E The m'ai has been set for (dare):
b. m No trial date has been set. This case will be ready for trial within 12 months of the date of the tiling of the complaint (if
not. explain):
c. Dates on which partles or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length oftrlal
The party or parties estimate that the trial will take (check one):
a. m days (specify number): 7
b. E hours (short causes) (speciry):
8. Trlal representation (to be answered for each party)
m
The party or parties will be represented at trial E
by the attomey or party listed ln the caption by the following:
a. Attorney:
b. Firm:
c. Address:
'
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
E Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section):
10. Altemetlve dispute resolution (ADR)
a. courts and communities; read
ADR information package. Please note that different ADR processes are available in dierent
the ADR information package provided by the court under rule 3.221 tor information about the processes available through the
court and community programs in this case.
(1) m
For parties represented by counsel: Counsel has E has not provided the ADR information package identied
in rule 3.221 to the client and reviewed ADR options with the client.
(2) D
For self-represented parties: Party has E has notreviewed the ADR information package identified in rule 3.221.
b.
(1) E
Referral to judicial arbitration or civil action mediation (if available).
This matter is
under
to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action
ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
subé'ect
mediatior: imit.
statutory
(2) E in Code of
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied
Civil Procedure section 1141 .1 1.
(3) m This case is from judicial arbitration under mle 3.811 oi the California Rules of Courtor from civil action
exemgtode of Civil Procedure section 1775 et seq. (specify exemption):
mediation under
3 °' 5
“m ”V " 2“ ‘1 CASE MANAGEMENT STATEMENT
CM-1 1 0
CASE NMER:
PLAINTIFF/PETITIONER: Teresa Randolph
1QCV01 226
DEFENDANT/RESPONDENT: Trustees ot the Calif State Univ, State of Calif. et al.
10. c. ADR process or processes that the party or parties are willing to participate in. have agreed to participate In. or
Indicate the
have already participated in (check all that apply and provide the specied
information):
If the party or parties completing this form in the case have agreed to
The party or parties completing
this form are willing 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
participate in the following ADR
processes (check all that apply):
stipulation):
DUDE
Mediation session not yet scheduled
(1) Mediation
m Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
DUDE
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):
DUDE
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):
DUDE
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):
DUDE
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):
DUDE
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (speclM:
Agreed to complete ADR session by (date):
ADR wmpleted on (date):
CM-‘I‘OIRIV. My 1. 2011]
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER;
PLAINTIFF/PETITIONER: Teresa Randolph
- 19CV01226
DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al.
11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights:D Yes D No
c. D 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.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate will be filed by (name party):
14. Bifurcation
D 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
[L] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Plaintiff, MSJ
.
16. Discovery
a. D The party or parties have completed all discovery.
b. W The following discovery will be completed by the date specified (describe all anticipated discovery):
� Description Date
Plaintiff Depositions Unknown
Plaintiff Defenant was ordered to produce
documents by June 24 and has not
produced any documents. Plaintiff,
therefore, will be filing another MTC.
c. 1Z] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Defendants were ordere to produce documents withint 20 days of notice of the order (deadline was June 24) an
have not produced any additional documents as of this date. Plaintiff will be filing another motion to compel to
force Defendant to produce documents. Plaintiff will also ask for sanctions and attorney's fees.
Pago 4 of 5
CM-110 (Rev. July 1, 20111
CASE MANAGEMENT STATEMENT
QM-1 1 Q
PLAINTIFF/Panorama Teresa Randolph
190V01 226
DEFENDANT/RESPONDENT; TfUSteeS Of the cam State UDiV, smte 0f cam. 9t 8|.
17. Economic lltlgation
a.E This is a limited civil case (i.e.. the amount demanded is 325.000 or less) and the economic litigation pmoedures In Code
of Civil Procedure sections 90-98 will apply to this case.
b. D This ls a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be led why economic litigation procedures relating to discovery or Mal
(if checked. explain specically
should not apply to this case):
18. Other issues
E The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Setting of a settlement conference.
19. Meet and confer
a.m The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomla Rules
of Court (if not, explain):
Not applicable at this time.
b. After meeting and conferring as required by rule 3.724 of the Callfomia Rules of Court. the parties agree on the following
(specify):
20. Total number of pages attached (if any):
of discovery and alternative dispute resolution.
l am completely familiar with this case and will be fully prepared to discuss the status
’ on these issues at the time of
as well as other issues raised by this statement. and will possess the authority to enter into stipulations
‘-
the case management conference, including the written authority of the party where required.
‘
‘L
/
Date: '
t _
Thomas Dimitre v ’\‘ L
mp: on mm NAME) (sieMMRé or amok Armenian
(we: on PRINT mus)
’ rsrcmruns or mm on xrromsvi
D Additional signatures are attached.
mum-mm 1. mm CASE MANAGEMENT STATEMENT ""W‘
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar num�r. and oddross): FOR COURT USE ONLY Thomas Dimitre SBN 276924 PO Box 801 Ashland, OR 97520 TELEPHONE NO.; 5418905022 FAX NO. (Optional): 5414884601 E-MAIL ADDRESS 1op1ionaQ: dimitre@mind.net 7/6/2020 . ATTORNEY FOR /Name): Teresa Randolph SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE srREET ADDREss· 1775 Concord Ave MAILING ADDRESS• cITYANDzIPcooe, Chico, CA 95928 BRANCH NAME: PLAINTIFF/PETITIONER:Teresa Randolph DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al. CASE MANAGEMENT STATEMENT CASE NUMBER· (Check one): m UNLIMITED CASE (Amount demanded D LIMITED CASE (Amount demanded is $25,000 19CV01226 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 07/22/2020 Time: 9 am Address of court (if Dept.: Div.: Room: different from the address above): [ZJ Notice of Intent to Appear by Telephone, by (name): Thomas Dimitre INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. W This statement is submitted by party (name): Teresa Randolph b. D 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): 4/19/19 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. W All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): ( 3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be seNed): 4. Description of case a. Type of case inW complaint D cross-complaint (Describe, including causes of action): Employment discrimination and constructive discharge case Pa o1ot5 Form Ad<)pted lo, Mandalo,y Use Judicial Council of Caliromia CASE MANAGEMENT STATEMENT Cal. Rules of Coun, NKlS 3.720-3.730 CM-110(Rav. July 1, 20111 www.courls.ca.gov CM-1 1 0 PLAINTIFF/PETITIONER: Teresa Randolph V01226 “SEC"W’E": 19 DEFENDANT/RESPONDENT: Trustees of the Calif State Univ. State of Calif. et al. 4. b. Provide a brief statement of the case. Including any damages. (prersonal injury damages are sought, specify the Injury and source and amount], estimated future medical expenses, lost damages claimed, including medical expenses to date nd/bate earnings to date. and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff was discriminated against due to her disability. already agreed upon accommodations unilaterally removed, no interactive process or reasonable accommodations. Plaintiff was constructively discharged when her physician recommended that she not return to work due to the unwillingness of Defendants to comply with the FEHA. Damages $750,000 ot which approx $350k is lost wages/retirement and $400k is pain and suffering. D more (If space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request E a jury trial a nonjury trial. (If more than one party. provide the name of each party requesting a jury trial): 6. Trial data a. E The m'ai has been set for (dare): b. m No trial date has been set. This case will be ready for trial within 12 months of the date of the tiling of the complaint (if not. explain): c. Dates on which partles or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length oftrlal The party or parties estimate that the trial will take (check one): a. m days (specify number): 7 b. E hours (short causes) (speciry): 8. Trlal representation (to be answered for each party) m The party or parties will be represented at trial E by the attomey or party listed ln the caption by the following: a. Attorney: b. Firm: c. Address: ' d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: E Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Altemetlve dispute resolution (ADR) a. courts and communities; read ADR information package. Please note that different ADR processes are available in dierent the ADR information package provided by the court under rule 3.221 tor information about the processes available through the court and community programs in this case. (1) m For parties represented by counsel: Counsel has E has not provided the ADR information package identied in rule 3.221 to the client and reviewed ADR options with the client. (2) D For self-represented parties: Party has E has notreviewed the ADR information package identified in rule 3.221. b. (1) E Referral to judicial arbitration or civil action mediation (if available). This matter is under to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the subé'ect mediatior: imit. statutory (2) E in Code of Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied Civil Procedure section 1141 .1 1. (3) m This case is from judicial arbitration under mle 3.811 oi the California Rules of Courtor from civil action exemgtode of Civil Procedure section 1775 et seq. (specify exemption): mediation under 3 °' 5 “m ”V " 2“ ‘1 CASE MANAGEMENT STATEMENT CM-1 1 0 CASE NMER: PLAINTIFF/PETITIONER: Teresa Randolph 1QCV01 226 DEFENDANT/RESPONDENT: Trustees ot the Calif State Univ, State of Calif. et al. 10. c. ADR process or processes that the party or parties are willing to participate in. have agreed to participate In. or Indicate the have already participated in (check all that apply and provide the specied information): If the party or parties completing this form in the case have agreed to The party or parties completing this form are willing 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 participate in the following ADR processes (check all that apply): stipulation): DUDE Mediation session not yet scheduled (1) Mediation m Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): DUDE 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): DUDE 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): DUDE 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): DUDE 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): DUDE ADR session not yet scheduled ADR session scheduled for (date): (6) Other (speclM: Agreed to complete ADR session by (date): ADR wmpleted on (date): CM-‘I‘OIRIV. My 1. 2011] CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER; PLAINTIFF/PETITIONER: Teresa Randolph - 19CV01226 DEFENDANT/RESPONDENT: Trustees of the Calif State Univ, State of Calif, et al. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights:D Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 [L] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff, MSJ . 16. Discovery a. D The party or parties have completed all discovery. b. W The following discovery will be completed by the date specified (describe all anticipated discovery): � Description Date Plaintiff Depositions Unknown Plaintiff Defenant was ordered to produce documents by June 24 and has not produced any documents. Plaintiff, therefore, will be filing another MTC. c. 1Z] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendants were ordere to produce documents withint 20 days of notice of the order (deadline was June 24) an have not produced any additional documents as of this date. Plaintiff will be filing another motion to compel to force Defendant to produce documents. Plaintiff will also ask for sanctions and attorney's fees. Pago 4 of 5 CM-110 (Rev. July 1, 20111 CASE MANAGEMENT STATEMENT QM-1 1 Q PLAINTIFF/Panorama Teresa Randolph 190V01 226 DEFENDANT/RESPONDENT; TfUSteeS Of the cam State UDiV, smte 0f cam. 9t 8|. 17. Economic lltlgation a.E This is a limited civil case (i.e.. the amount demanded is 325.000 or less) and the economic litigation pmoedures In Code of Civil Procedure sections 90-98 will apply to this case. b. D This ls a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be led why economic litigation procedures relating to discovery or Mal (if checked. explain specically should not apply to this case): 18. Other issues E The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Setting of a settlement conference. 19. Meet and confer a.m The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomla Rules of Court (if not, explain): Not applicable at this time. b. After meeting and conferring as required by rule 3.724 of the Callfomia Rules of Court. the parties agree on the following (specify): 20. Total number of pages attached (if any): of discovery and alternative dispute resolution. l am completely familiar with this case and will be fully prepared to discuss the status ’ on these issues at the time of as well as other issues raised by this statement. and will possess the authority to enter into stipulations ‘- the case management conference, including the written authority of the party where required. ‘ ‘L / Date: ' t _ Thomas Dimitre v ’\‘ L mp: on mm NAME) (sieMMRé or amok Armenian (we: on PRINT mus) ’ rsrcmruns or mm on xrromsvi D Additional signatures are attached. mum-mm 1. mm CASE MANAGEMENT STATEMENT ""W‘