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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Lyne A. Richardson (SBN 143566) Kyle A. Wende (SBN 287728)
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
500 Capitol Mall, Suite 2500
Sacramento, CA 95814
TELEPHONE NO.: 916-840-3150 FAX NO. (Optional): 916-840-3159
E-MAIL ADDRESS (Optional):Kyle.Wende@ogletree.com
ATTORNEY FOR (Name): Defendant Argonaut California Ventures, Inc.
8/11/2020
SUPERIOR COURT OF CALIFORNIA, COUNTY OF: Butte
STREET ADDRESS:1775 Concord Avenue
MAILING ADDRESS:
Chico, CA 95928
CITY AND ZIP CODE:
BRANCH NAME:Chico
PLAINTIFF/PETITIONER: Brandon Brooks
DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
20CV00611
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 26, 2020 Time: .10:30 a.m. Dept.: Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Kyle A. Wende
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Defendant Argonaut California Ventures, Inc.
b. 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):
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All 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) have not been served (specify names and explain why not):
(2) 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. 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 cross-complaint (Describe, including causes of action):
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Brandon Brooks
DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc.
20CV00611
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.) The First
Amended Complaint alleges causes of action on a class basis for (1) failure to pay wages, (2) failure to provide
meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to pay wages on
termination, (5) unfair business practices, and (6) penalties under the Private Attorneys’ General Act.
(If 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 a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. 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):
A list of dates will be provided at the Case Management Conference.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 10-15
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-mail address: 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 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 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 1141.11.
(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 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
PLAINTIFF/PETITIONER: Brandon Brooks CASE NUMBER:
20CV00611
DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc.
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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date): 8/4/2020
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
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
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Brandon Brooks
20CV00611
DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc.
11. Insurance
a. Insurance carrier, if any, for party filing 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 wiII be filed by (name party):
14. Bifurcation
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): The
parties reached a settlement at the August 4, 2020 mediation. Therefore, Plaintiff will be filing his Motion for Preliminary
Approval of Class Settlement.
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
Defendant Written Discovery TBD
Defendant Site Inspections TBD
Defendant PMK Depositions TBD
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Brandon Brooks
20CV00611
DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc.
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
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): As noted above, the Parties have reached a settlement through mediation. Plaintiff requests
the Court set a hearing date for his Motion for Preliminary Approval of Class Settlement.
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):
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): 0
I 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: August 11, 2020
Kyle A. Wende
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
43837048.1
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
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1 PROOF OF SERVICE
2 I am and was at all times herein mentioned over the age of 18 years and not a party to the
action in which this service is made. At all times herein mentioned I have been employed in the
3 County of Sacramento in the office of a member of the bar of this court at whose direction the
service was made. My business address is 500 Capitol Mall, Suite 2500, Sacramento, CA 95814.
4
On August 11, 2020, I served the following document(s):
5
DEFENDANT’S CASE MANAGEMENT CONFERENCE STATEMENT
6
7 by placing ☐ (the original) ☒ (a true copy thereof) in a sealed envelope addressed as stated on
the following party(ies):
8
Scott Edward Cole, Esq. Attorneys for Plaintiff
9 Laura Grace Van Note, Esq. BRANDON BROOKS
Michelle Trevitio, Esq.
10 SCOTT COLE & ASSOCIATES, APC
555 12th Street, Suite 1725
11
Oakland, California 94607
12 Telephone: (510) 891-9800
Facsimile: (510) 891-7030
13 Email: scole@scalaw.com
Email: lvannote@scalaw.com
14 Email: mtrevino@scalaw.com
15
☒ BY MAIL: I placed the envelope for collection and mailing, following our ordinary
16 business practices. I am readily familiar with the practice of Ogletree, Deakins, Nash,
Smoak & Stewart, P.C.’s practice for collecting and processing correspondence for
17 mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service, in a
18 sealed envelope with postage fully prepaid.
19 ☐ BY MAIL: I deposited the sealed envelope with the United States Postal Service, with
the postage fully prepaid at 500 Capitol Mall, Suite 2500, Sacramento, CA 95814.
20
☐ BY OVERNIGHT DELIVERY: I placed the sealed envelope(s) or package(s)
21 designated by the express service carrier for collection and overnight delivery by
following the ordinary business practices of Ogletree, Deakins, Nash, Smoak & Stewart
22 P.C., Sacramento, California. I am readily familiar with Ogletree, Deakins, Nash, Smoak
& Stewart P.C.’s practice for collecting and processing of correspondence for overnight
23 delivery, said practice being that, in the ordinary course of business, correspondence for
overnight delivery is deposited with delivery fees paid or provided for at the carrier’s
24 express service offices for next-day delivery.
25 ☐ BY FACSIMILE by transmitting a facsimile transmission a copy of said document(s) to
the following addressee(s) at the following number(s), in accordance with:
26
☐ the written confirmation of counsel in this action:
27
28 ☐ [State Court motion, opposition, or reply only] Code of Civil Procedure
section 1005(b):
PROOF OF SERVICE
1 ☐ [Federal Court] the written confirmation of counsel in this action and
order of the court:
2
☐ BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
3 agreement of the parties to accept service by e-mail or electronic transmission, I caused
the documents to be sent to the person(s) at the e-mail addresses listed on the attached
4 service list. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
5
☒ (State) I declare under penalty of perjury under the laws of the State of California that
6 the above is true and correct.
☐ (Federal) I declare that I am employed in the office of a member of the State Bar of this
7 Court at whose direction the service was made. I declare under penalty of
perjury under the laws of the United States of America that the above is true
8 and correct.
9 Executed on August 11, 2020, at Sacramento, California.
10
11 TERRY M. OLSON
12 42327040.1
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PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Lyne A. Richardson (SBN 143566) Kyle A. Wende (SBN 287728) OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 500 Capitol Mall, Suite 2500 Sacramento, CA 95814 TELEPHONE NO.: 916-840-3150 FAX NO. (Optional): 916-840-3159 E-MAIL ADDRESS (Optional):Kyle.Wende@ogletree.com ATTORNEY FOR (Name): Defendant Argonaut California Ventures, Inc. 8/11/2020 SUPERIOR COURT OF CALIFORNIA, COUNTY OF: Butte STREET ADDRESS:1775 Concord Avenue MAILING ADDRESS: Chico, CA 95928 CITY AND ZIP CODE: BRANCH NAME:Chico PLAINTIFF/PETITIONER: Brandon Brooks DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 20CV00611 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 26, 2020 Time: .10:30 a.m. Dept.: Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Kyle A. Wende INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Defendant Argonaut California Ventures, Inc. b. 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): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All 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) have not been served (specify names and explain why not): (2) 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. 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 cross-complaint (Describe, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Brandon Brooks DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc. 20CV00611 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.) The First Amended Complaint alleges causes of action on a class basis for (1) failure to pay wages, (2) failure to provide meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to pay wages on termination, (5) unfair business practices, and (6) penalties under the Private Attorneys’ General Act. (If 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 a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. 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): A list of dates will be provided at the Case Management Conference. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 10-15 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-mail address: 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 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 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 1141.11. (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 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: Brandon Brooks CASE NUMBER: 20CV00611 DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc. 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): 8/4/2020 Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): 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 (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Brandon Brooks 20CV00611 DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc. 11. Insurance a. Insurance carrier, if any, for party filing 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 wiII be filed by (name party): 14. Bifurcation 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): The parties reached a settlement at the August 4, 2020 mediation. Therefore, Plaintiff will be filing his Motion for Preliminary Approval of Class Settlement. 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 Defendant Written Discovery TBD Defendant Site Inspections TBD Defendant PMK Depositions TBD c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Brandon Brooks 20CV00611 DEFENDANT/RESPONDENT: Argonaut California Ventures, Inc. 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 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): As noted above, the Parties have reached a settlement through mediation. Plaintiff requests the Court set a hearing date for his Motion for Preliminary Approval of Class Settlement. 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): 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): 0 I 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: August 11, 2020 Kyle A. Wende (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. 43837048.1 CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com 1 PROOF OF SERVICE 2 I am and was at all times herein mentioned over the age of 18 years and not a party to the action in which this service is made. At all times herein mentioned I have been employed in the 3 County of Sacramento in the office of a member of the bar of this court at whose direction the service was made. My business address is 500 Capitol Mall, Suite 2500, Sacramento, CA 95814. 4 On August 11, 2020, I served the following document(s): 5 DEFENDANT’S CASE MANAGEMENT CONFERENCE STATEMENT 6 7 by placing ☐ (the original) ☒ (a true copy thereof) in a sealed envelope addressed as stated on the following party(ies): 8 Scott Edward Cole, Esq. Attorneys for Plaintiff 9 Laura Grace Van Note, Esq. BRANDON BROOKS Michelle Trevitio, Esq. 10 SCOTT COLE & ASSOCIATES, APC 555 12th Street, Suite 1725 11 Oakland, California 94607 12 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 13 Email: scole@scalaw.com Email: lvannote@scalaw.com 14 Email: mtrevino@scalaw.com 15 ☒ BY MAIL: I placed the envelope for collection and mailing, following our ordinary 16 business practices. I am readily familiar with the practice of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.’s practice for collecting and processing correspondence for 17 mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a 18 sealed envelope with postage fully prepaid. 19 ☐ BY MAIL: I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid at 500 Capitol Mall, Suite 2500, Sacramento, CA 95814. 20 ☐ BY OVERNIGHT DELIVERY: I placed the sealed envelope(s) or package(s) 21 designated by the express service carrier for collection and overnight delivery by following the ordinary business practices of Ogletree, Deakins, Nash, Smoak & Stewart 22 P.C., Sacramento, California. I am readily familiar with Ogletree, Deakins, Nash, Smoak & Stewart P.C.’s practice for collecting and processing of correspondence for overnight 23 delivery, said practice being that, in the ordinary course of business, correspondence for overnight delivery is deposited with delivery fees paid or provided for at the carrier’s 24 express service offices for next-day delivery. 25 ☐ BY FACSIMILE by transmitting a facsimile transmission a copy of said document(s) to the following addressee(s) at the following number(s), in accordance with: 26 ☐ the written confirmation of counsel in this action: 27 28 ☐ [State Court motion, opposition, or reply only] Code of Civil Procedure section 1005(b): PROOF OF SERVICE 1 ☐ [Federal Court] the written confirmation of counsel in this action and order of the court: 2 ☐ BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an 3 agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the person(s) at the e-mail addresses listed on the attached 4 service list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 5 ☒ (State) I declare under penalty of perjury under the laws of the State of California that 6 the above is true and correct. ☐ (Federal) I declare that I am employed in the office of a member of the State Bar of this 7 Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true 8 and correct. 9 Executed on August 11, 2020, at Sacramento, California. 10 11 TERRY M. OLSON 12 42327040.1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE