Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address) FOR COURT USE ONLY
Joseph D. O'Neil SBN: 226806
TARKINGTON ONEILL BARRACK & CHONG
201 Mission Street, Suite 710 ELECTRONICALLY FILED
San Francisco, CA 94105 Superior Court of California
revepuoneno: (415) 777-5501 FAXNO, (Optionah:(415) 546-4962 County of Santa Cruz
E-MAIL ADDRESS (Optionay: joneil@to2law.com 8/20/2020 12:36 PM
Benect
ATTORNEY FOR (Name: NA JPREET SINGH KAHLON Alex Calvo, Clerk
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CRUZ apSalsedo, Deputy
street appress:701 Ocean Street
maiins aooress:701 Ocean Street
cry anozip cone Santa Cruz, 95060
srancH Name: Santa Cruz Main Courthouse
PLAINTIFF/PETITIONER: DAPHNE BELETSIS, etc., et al
DEFENDANT/RESPONDENT: THETA CHI FRATERNITY, INC., et al.
CASE MANAGEMENT STATEMENT (CASE NUMBER:
(Check one). (2X) unNuimitep case [-) uitep case 19CV03287
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:August 31, 2020 Time:8:30 a.m. Dept.:10 Div. Room:
Address of court (if different from the address above).
[XX] Notice of Intent to Appear by Telephone, by (name):Joseph D. O'Neil
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one).
[X] This statement is submitted by party (name): Najpreet Singh Kahlon
b. [__] 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. [-] The cross-complaint, if any, was filed on (date)
Service (to be answered by plaintiffs and cross-complainants only)
a. C5 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. [1 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
Type of casein [X] complaint [1 cross. complaint (Describe, including causes of action): This is a
wrongful death/survival action filed by the survivors of Alex Beletsis, who suffered fatal injuries
after falling from a second story windows on June 2, 2018. The complaint includes causes of action
for negligence, social host liability and premises liability.
Page1 of5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
‘Judicial Counell of California rules 3,720-3.730
CM-110 fRev. July1, 2011] www.courts.ca.gov
Wiestiaw
Doc & Form Builder
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: DAPHNE BELETSIS, etc., et al.
19CV03287
DEFENDANT/RESPONDENT:
THETA CHI FRATERNITY, INC., et al.
4. b. Provide a brief statement of the case, including any damages. (/f 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.)
Plaintiffs contend that defendants are responsible for their decedent's excessive consumption of drugs
and alcohol at a student event which contributed to his fall from a second story window. Defendants
deny liability for his condition. Plaintiffs damages are unknown at this time.
[1 (ifmore space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request (29) ajury trial Coa nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial): Najpreet Singh Kahlon
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):
11/2 - 11/13/2020; 2/8 - 3/19/21; 4/8 - 5/28/21; 7/26 - 8/14/21 - trial conflicts
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a days (specify number):20
b. [_] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [EX] by the attorney or party listed in the caption [) by the following:
a Attorney:
b. Firm:
©, Address:
d. Telephone number: f Fax number:
e. E-mail address: g. Party represented:
[1 Additional representation is described in Attachment 8.
Preference
[1] 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 [5 has [21 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 [5 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).
) CO
d
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.
(3) FO 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):
M4110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 20f5
CM-110
PLAINTIFF/PETITIONER: DAPHNE BELETSIS, etc., et al. [CASE NUMBER:
DEFENDANT/RESPONDENT:
THETA CHI FRATERNITY, INC., et al. 19CV03287
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 ail 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 al! that apply): stipulation):
Oo Mediation session not yet scheduled
Oo Mediation session scheduled for (date):
(1) Mediation
Oo Agreed to complete mediation by (date):
Mediation completed on (date):
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
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. July1, 2011] Page 30f5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER.
| PLAINTIFF/PETITIONERD)
A PHNE BELETSIS, etc., et al.
19CV03287
DEFENDANT/RESPONDENT THETA CHI FRATERNITY, INC., et al.
11. Insurance
a Insurance carrier, if any, for party filing this statement (name):Farmers & Landmark
b. Reservation of rights: Yes No
c. [2X] Coverage issues will significantly affect resolution of this case (explain): Unknown at this time.
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[1] Bankruptey [] 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:
[1] Additional cases are described in Attachment 13a.
b. [_] Amotion to [) 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):
Defendant's Motion to Strike portions of the First Amended Complaint is set for hearing on 8/31/20
16. Discovery
a. [__] The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe al! anticipated discovery):
Party Descriptiot Date
Kahlon Written Discovery to plaintiffs 12/31/2020
Kahlon Percipient depositions 4/30/2021
Kahlon Expert Discovery per CCP
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page
4 of 5
CM-110
PLAINTIFF/PETITIONER: DAPHNE BELETSIS, etc., et al. CASE NUMBER:
19CV03287
| DEFENDANTIRESPONDENT: THETA, CHI FRATERNITY, INC., et al.
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 91 }-98 will apply to this case.
b. L_] 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
[J 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):
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: August 20, 2020
4 < i —e.
Joseph D. O'Neil
’-
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
(M110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 50f5
PROOF OF SERVICE
Iam employed in the County of San Francisco, State of California. I am over the age of 18
and not a party to the within action; my business address is 201 Mission Street, Suite 710, San
Francisco, California 94105. On the date set forth below, following ordinary business practice, I
served a true copy of the document(s) described as:
CASE MANAGEMENT STATEMENT
[ X ] (BY EMAIL) by electronically serving a true copy of the document(s) listed above
to the person(s) at the electronic address(es) set forth below.
[ ] (BY ELECTRONIC SERVICE) by electronically serving the document(s) described
above via Court approved vendor (ONE LEGAL) on those recipients designated on the vendor’s
Website.
10
[ ] (BY U.S. MAIL) I caused such envelope(s) with postage thereon fully prepaid to be
11 placed in the United States mail at San Francisco, California.
[ ] (BY PERSONAL SERVICE) I caused each such envelope(s) to be delivered by hand
on the below date to the addressee(s) via personal service.
13
[ ] (BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an
14 overnight delivery carrier with delivery fees provided for, addressed to the person(s) on whom it
is to be served.
15
16 addressed as follows:
17
SEE ATTACHED SERVICE LIST
18 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on August 20, 2020, at San Francisco, California.
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acy
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Law offs
TARKINGTON,
O°NEILL, BARRACK
& Co:
A Professio BELETSIS V. THETA CHI FRATERNITY -1- 19CV03287|
01 MSS PROOF OF SERVICE
SAN FRANCISCO,
SERVICE LIST
Attorneys for Plaintiffs Tel: 202-351-0510
Douglas E. Fierberg Fax: 231-252-8100
Jonathon N. Fazzola Em: dfierberg@tfnlgroup.com
Lisa N. Cloutier jfazzola@tfnlgroup.com
THE FIERBERG NATIONAL LAW Icloutier@tfnlgroup.com
GROUP cc tpicard@tfnlgroup.com
161 East Front Street, Suite 200
Traverse City, MI 49684
Attorneys for Plaintiffs Tel: 415-262-3820
Ivo Labar Fax:
SAWYER & LABAR LLP Em: labar@sawyerlabar.com
10 201 Mission Street, Suite 2240 cc: guzman@sawyerlabar.com
San Francisco, CA 94105
11
Attorneys for Theta Chi Fraternity, Inc. Tel: 415-228-0208
12 Michael C. Osborn Cell: 650-291-1446
13 Jaskiran Samra Em: mosborne@cokinoslaw.com
COKINOS YOUNG jsamra@cokinoslaw.com
14 One Embarcadero Center, Suite 390 cc: asanchez@cokinoslaw.com
San Francisco, CA 94111
15
16 Attorneys for uinn McLaughlin Tel 408-271-5325
Andrew M. Lauderdale Fax: 408-271-5301
17 STRATMAN PEDERSEN &LAUDERDALE Em: Andrew. lauderdale@farmers.com
One Almaden Blvd., Suite 400
18 San Jose, CA 95113
19
Attorneys for Jordan Keiichi Takayama Tel 415-438-5920, JA
20 Julie Azevedo Tel 415-438-6662, ST
Shawn Toliver Fax: 925-478-3260
21 LEWIS BRISBOIS BISGAARD & SMITH Em: Julie. Azevedo@lewisbrisbois.com
22 2185 N. California Blvd, Suite 300 Em: Shawn. Toliver@lewisbrisbois.com
Walnut Creek, CA 94596 cc: Kristen.Garcia@lewisbrisbois.com
23 Janet.leader@lewisbrisboi om
24 Attorneys for Brad Visacki & Christophe Tel 415-949-1900
25 Guevara Fax: 415-354-8380
John R. Brydon Em: bry@darlaw.com
26 Derek H. Lim Em: lim@darlaw.com
Shannon Mallory Em: mal@darlaw.com
27 Demler, Armstrong & Rowland, LLP cc: gil@darlaw.com
28 1350 Treat Boulevard #400
Law of Walnut Creek, CA 94597
TARKINGTON
O'NEILL ARRACK
A Prof
& Cuo BELETSIS V. THETA CHI FRATERNITY -2- 19CV03287|
a1 PROOF OF SERVICE
sur
‘San Francis
Attorneys for Christopher Guevara Tel 916-978-3434, Exten 129
Matthew C. Jaime Fax: 916-978-3430
Robert W. Sweetin EM mjaime@mathenysears.com
Matheny Sears Linkert & Jaime, LLP ‘sweetin@mathenysears.com
3638 American River Drive
Sacramento, CA 95864 cc: ladrido@mathenysears.com
Attorneys for Stefan Matias Leon Tel 213-404-1105
Ryne W. Osborne Fax: 213-383-6370
Clara L. Porter EM ‘osborne@veatchfirm.com
Veatch Carlson, LLP
clporter@veatchfirm.com
1055 Wilshire Boulevard, 11" Floor
Los Angeles, CA 90017 mackey@veatchfirm.com
Attorneys for Emmanuel Thomas, Bobby Tel 213-427-2300
Karki, Derek King & John Dylan Leitch Fax: 213-427-2330
10 Mary Childs EM mchilds@yokasmith.com
Yoka & Smith cc: amcnulty@yokasmith.com
11 445 South Figueroa Street, 38th Floor case@yokasmith.com
Los Angeles, CA 90071 service@yokasmith.com
12
13 Attorneys for Zachary Davi: Tel 310-909-8059
Ray Tamaddon Fax: 310-909-8001
14 HINSHAW & CULBERTSON EM rtamaddon@hinshawlaw.com
11601 Wilshire Blvd, Suite 800
15 Los Angeles, CA 90025
16
Robert J. Romero Tel 415-362-6000
17 HINSHAW & CULBERTSON Fax: 415-834-9070
One California Street, 18th Floor EM rromero@hinshawlaw.com
18 San Francisco, CA 94111 cc: khightower@hinshawlaw.com
19
20 Attorneys for Rafael Garcia, Jr. Tel: 408-294-8500
Alan F. Hunter Fax: 408-294-8596
21 GAVIN CUNNINGHAM & HUNTER Cell: 408-656-6117
22 1530 The Alameda, Suite 210 EM: hunter@gclitigation.com
San Jose, CA 95126
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24 Attorneys for Moises Garcia Tel: 303-623-1800
25 Patrick Ball Fax: 303-623-0552
Idin Kashefipour EM: PBall@messner.com
26 MESSNER REEVES LLP ikashefipour@messner.com
1430 Wynkoop Street | Suite 300 cc: kdownes@messner.com
27 Denver, CO 80202
28
Law of
TARKINGTON
O'NEILL ARRACK
A Prof
& Cuo BELETSIS V. THETA CHI FRATERNITY -3- 19CV03287|
a1 PROOF OF SERVICE
SuneT
SAN FRANCISCO,
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address) FOR COURT USE ONLY Joseph D. O'Neil SBN: 226806 TARKINGTON ONEILL BARRACK & CHONG 201 Mission Street, Suite 710 ELECTRONICALLY FILED San Francisco, CA 94105 Superior Court of California revepuoneno: (415) 777-5501 FAXNO, (Optionah:(415) 546-4962 County of Santa Cruz E-MAIL ADDRESS (Optionay: joneil@to2law.com 8/20/2020 12:36 PM Benect ATTORNEY FOR (Name: NA JPREET SINGH KAHLON Alex Calvo, Clerk ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CRUZ apSalsedo, Deputy street appress:701 Ocean Street maiins aooress:701 Ocean Street cry anozip cone Santa Cruz, 95060 srancH Name: Santa Cruz Main Courthouse PLAINTIFF/PETITIONER: DAPHNE BELETSIS, etc., et al DEFENDANT/RESPONDENT: THETA CHI FRATERNITY, INC., et al. CASE MANAGEMENT STATEMENT (CASE NUMBER: (Check one). (2X) unNuimitep case [-) uitep case 19CV03287 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:August 31, 2020 Time:8:30 a.m. Dept.:10 Div. Room: Address of court (if different from the address above). [XX] Notice of Intent to Appear by Telephone, by (name):Joseph D. O'Neil INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one). [X] This statement is submitted by party (name): Najpreet Singh Kahlon b. [__] 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. [-] The cross-complaint, if any, was filed on (date) Service (to be answered by plaintiffs and cross-complainants only) a. C5 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. [1 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 Type of casein [X] complaint [1 cross. complaint (Describe, including causes of action): This is a wrongful death/survival action filed by the survivors of Alex Beletsis, who suffered fatal injuries after falling from a second story windows on June 2, 2018. The complaint includes causes of action for negligence, social host liability and premises liability. Page1 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, ‘Judicial Counell of California rules 3,720-3.730 CM-110 fRev. July1, 2011] www.courts.ca.gov Wiestiaw Doc & Form Builder CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DAPHNE BELETSIS, etc., et al. 19CV03287 DEFENDANT/RESPONDENT: THETA CHI FRATERNITY, INC., et al. 4. b. Provide a brief statement of the case, including any damages. (/f 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.) Plaintiffs contend that defendants are responsible for their decedent's excessive consumption of drugs and alcohol at a student event which contributed to his fall from a second story window. Defendants deny liability for his condition. Plaintiffs damages are unknown at this time. [1 (ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request (29) ajury trial Coa nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Najpreet Singh Kahlon 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): 11/2 - 11/13/2020; 2/8 - 3/19/21; 4/8 - 5/28/21; 7/26 - 8/14/21 - trial conflicts Estimated length of trial The party or parties estimate that the trial will take (check one): a days (specify number):20 b. [_] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [EX] by the attorney or party listed in the caption [) by the following: a Attorney: b. Firm: ©, Address: d. Telephone number: f Fax number: e. E-mail address: g. Party represented: [1 Additional representation is described in Attachment 8. Preference [1] 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 [5 has [21 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 [5 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). ) CO d 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. (3) FO 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): M4110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 20f5 CM-110 PLAINTIFF/PETITIONER: DAPHNE BELETSIS, etc., et al. [CASE NUMBER: DEFENDANT/RESPONDENT: THETA CHI FRATERNITY, INC., et al. 19CV03287 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 ail 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 al! that apply): stipulation): Oo Mediation session not yet scheduled Oo Mediation session scheduled for (date): (1) Mediation Oo Agreed to complete mediation by (date): Mediation completed on (date): 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 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. July1, 2011] Page 30f5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER. | PLAINTIFF/PETITIONERD) A PHNE BELETSIS, etc., et al. 19CV03287 DEFENDANT/RESPONDENT THETA CHI FRATERNITY, INC., et al. 11. Insurance a Insurance carrier, if any, for party filing this statement (name):Farmers & Landmark b. Reservation of rights: Yes No c. [2X] Coverage issues will significantly affect resolution of this case (explain): Unknown at this time. 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [1] Bankruptey [] 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: [1] Additional cases are described in Attachment 13a. b. [_] Amotion to [) 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): Defendant's Motion to Strike portions of the First Amended Complaint is set for hearing on 8/31/20 16. Discovery a. [__] The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe al! anticipated discovery): Party Descriptiot Date Kahlon Written Discovery to plaintiffs 12/31/2020 Kahlon Percipient depositions 4/30/2021 Kahlon Expert Discovery per CCP c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: DAPHNE BELETSIS, etc., et al. CASE NUMBER: 19CV03287 | DEFENDANTIRESPONDENT: THETA, CHI FRATERNITY, INC., et al. 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 91 }-98 will apply to this case. b. L_] 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 [J 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): 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: August 20, 2020 4 < i —e. Joseph D. O'Neil ’- (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. (M110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 50f5 PROOF OF SERVICE Iam employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is 201 Mission Street, Suite 710, San Francisco, California 94105. On the date set forth below, following ordinary business practice, I served a true copy of the document(s) described as: CASE MANAGEMENT STATEMENT [ X ] (BY EMAIL) by electronically serving a true copy of the document(s) listed above to the person(s) at the electronic address(es) set forth below. [ ] (BY ELECTRONIC SERVICE) by electronically serving the document(s) described above via Court approved vendor (ONE LEGAL) on those recipients designated on the vendor’s Website. 10 [ ] (BY U.S. MAIL) I caused such envelope(s) with postage thereon fully prepaid to be 11 placed in the United States mail at San Francisco, California. [ ] (BY PERSONAL SERVICE) I caused each such envelope(s) to be delivered by hand on the below date to the addressee(s) via personal service. 13 [ ] (BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an 14 overnight delivery carrier with delivery fees provided for, addressed to the person(s) on whom it is to be served. 15 16 addressed as follows: 17 SEE ATTACHED SERVICE LIST 18 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 20, 2020, at San Francisco, California. 19 20 21 \\N AY acy 22 23 24 25 26 27 28 Law offs TARKINGTON, O°NEILL, BARRACK & Co: A Professio BELETSIS V. THETA CHI FRATERNITY -1- 19CV03287| 01 MSS PROOF OF SERVICE SAN FRANCISCO, SERVICE LIST Attorneys for Plaintiffs Tel: 202-351-0510 Douglas E. Fierberg Fax: 231-252-8100 Jonathon N. Fazzola Em: dfierberg@tfnlgroup.com Lisa N. Cloutier jfazzola@tfnlgroup.com THE FIERBERG NATIONAL LAW Icloutier@tfnlgroup.com GROUP cc tpicard@tfnlgroup.com 161 East Front Street, Suite 200 Traverse City, MI 49684 Attorneys for Plaintiffs Tel: 415-262-3820 Ivo Labar Fax: SAWYER & LABAR LLP Em: labar@sawyerlabar.com 10 201 Mission Street, Suite 2240 cc: guzman@sawyerlabar.com San Francisco, CA 94105 11 Attorneys for Theta Chi Fraternity, Inc. Tel: 415-228-0208 12 Michael C. Osborn Cell: 650-291-1446 13 Jaskiran Samra Em: mosborne@cokinoslaw.com COKINOS YOUNG jsamra@cokinoslaw.com 14 One Embarcadero Center, Suite 390 cc: asanchez@cokinoslaw.com San Francisco, CA 94111 15 16 Attorneys for uinn McLaughlin Tel 408-271-5325 Andrew M. Lauderdale Fax: 408-271-5301 17 STRATMAN PEDERSEN &LAUDERDALE Em: Andrew. lauderdale@farmers.com One Almaden Blvd., Suite 400 18 San Jose, CA 95113 19 Attorneys for Jordan Keiichi Takayama Tel 415-438-5920, JA 20 Julie Azevedo Tel 415-438-6662, ST Shawn Toliver Fax: 925-478-3260 21 LEWIS BRISBOIS BISGAARD & SMITH Em: Julie. Azevedo@lewisbrisbois.com 22 2185 N. California Blvd, Suite 300 Em: Shawn. Toliver@lewisbrisbois.com Walnut Creek, CA 94596 cc: Kristen.Garcia@lewisbrisbois.com 23 Janet.leader@lewisbrisboi om 24 Attorneys for Brad Visacki & Christophe Tel 415-949-1900 25 Guevara Fax: 415-354-8380 John R. Brydon Em: bry@darlaw.com 26 Derek H. Lim Em: lim@darlaw.com Shannon Mallory Em: mal@darlaw.com 27 Demler, Armstrong & Rowland, LLP cc: gil@darlaw.com 28 1350 Treat Boulevard #400 Law of Walnut Creek, CA 94597 TARKINGTON O'NEILL ARRACK A Prof & Cuo BELETSIS V. THETA CHI FRATERNITY -2- 19CV03287| a1 PROOF OF SERVICE sur ‘San Francis Attorneys for Christopher Guevara Tel 916-978-3434, Exten 129 Matthew C. Jaime Fax: 916-978-3430 Robert W. Sweetin EM mjaime@mathenysears.com Matheny Sears Linkert & Jaime, LLP ‘sweetin@mathenysears.com 3638 American River Drive Sacramento, CA 95864 cc: ladrido@mathenysears.com Attorneys for Stefan Matias Leon Tel 213-404-1105 Ryne W. Osborne Fax: 213-383-6370 Clara L. Porter EM ‘osborne@veatchfirm.com Veatch Carlson, LLP clporter@veatchfirm.com 1055 Wilshire Boulevard, 11" Floor Los Angeles, CA 90017 mackey@veatchfirm.com Attorneys for Emmanuel Thomas, Bobby Tel 213-427-2300 Karki, Derek King & John Dylan Leitch Fax: 213-427-2330 10 Mary Childs EM mchilds@yokasmith.com Yoka & Smith cc: amcnulty@yokasmith.com 11 445 South Figueroa Street, 38th Floor case@yokasmith.com Los Angeles, CA 90071 service@yokasmith.com 12 13 Attorneys for Zachary Davi: Tel 310-909-8059 Ray Tamaddon Fax: 310-909-8001 14 HINSHAW & CULBERTSON EM rtamaddon@hinshawlaw.com 11601 Wilshire Blvd, Suite 800 15 Los Angeles, CA 90025 16 Robert J. Romero Tel 415-362-6000 17 HINSHAW & CULBERTSON Fax: 415-834-9070 One California Street, 18th Floor EM rromero@hinshawlaw.com 18 San Francisco, CA 94111 cc: khightower@hinshawlaw.com 19 20 Attorneys for Rafael Garcia, Jr. Tel: 408-294-8500 Alan F. Hunter Fax: 408-294-8596 21 GAVIN CUNNINGHAM & HUNTER Cell: 408-656-6117 22 1530 The Alameda, Suite 210 EM: hunter@gclitigation.com San Jose, CA 95126 23 24 Attorneys for Moises Garcia Tel: 303-623-1800 25 Patrick Ball Fax: 303-623-0552 Idin Kashefipour EM: PBall@messner.com 26 MESSNER REEVES LLP ikashefipour@messner.com 1430 Wynkoop Street | Suite 300 cc: kdownes@messner.com 27 Denver, CO 80202 28 Law of TARKINGTON O'NEILL ARRACK A Prof & Cuo BELETSIS V. THETA CHI FRATERNITY -3- 19CV03287| a1 PROOF OF SERVICE SuneT SAN FRANCISCO,