Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
Melanie Meneses Palmer (SBN 286752)
Cherisse Heidi A. Cleofe (SBN 290152)
KIESEL LAW LLP 8648 Wilshire Blvd., Beverly Hills, CA 90211
F Superior Court of California F
TELEPHONE No.: (310) 854-4444 FAXNO. (Optonal:(310) 854-0812
E-MAIL ADDRESS (Optional): palmer@kiesel.law; cleofe@kiesel.law
County of Butte
|
ATTORNEY FOR (Name): Plaintiff Heidi Hutchings
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 11/20/2020 L
tree appress: 1775 Concord Avenue E
MAILING ADDRESS: 1775 Concord Avenue Ki Fles rk D
CITY AND ZIP CODE: Chico, CA 95928 By Deputy
Electronically FILED
BRANCH NAME: North Butte County Courthouse
PLAINTIFF/PETITIONER: Heidi Hutchings
DEFENDANT/RESPONDENT: Johnson & Johnson, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER;
(Check one): [7] UNLIMITED CASE [) uimitep case 17CV02548
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 12/9/2020 Time: 10:30 a.m. Dept.: 10 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Melanie Meneses Palmer, Counsel for Plaintiff
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a [1 This statement is submitted by party (name): Plaintiff Heidi Hutchings
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): September 1, 2017
b. [] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
W 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) [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) [=] have had a default entered against them (specify names):
c. CI) 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
a Type of case in complaint [1 cross-complaint (Describe, including causes of action):
Plaintiff brings causes of action for strict products liability (failure to warn and design defect), negligence, breach
of warranty, concealment, and fraud.
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720-3.730
(CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Heidi Hutchings CASE NUMBER.
17CV02548
DEFENDANT/RESPONDENT: Johnson & Johnson, et al.
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.)
This is a product liability action involving the use of Defendants' talcum powder products, which Plaintiff alleges
caused her to develop ovarian cancer and suffer injuries.
CI) (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial C5) a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [] The trial has been set for (date):
b. [7] 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):
This case has been coordinated into Johnson & Johnson Talcum Powder Cases, JCCP No. 4872.
c, Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length oft I
The party or parties estimate that the trial will take (check one):
a days (specify number): 20 days
b. [1 hours (short causes) (specify):
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-mail address:
oO
g. Party represented:
Additional representation is described in Attachment 8.
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 L-] 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 [J has [7] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [-{] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
2) C4 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 exem| t from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under ode of Civil Procedure section 1775 et seq. (specify exemption):
California Rules of Court, Rule 3.811(b)8.
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page
2 of 5
CM-110
PLAINTIFF/PETITIONER: Heidi Hutchings
[CASE NUMBER:
17CV02548
DEFENDANT/RESPONDENT: Johnson & Johnson, et al.
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):
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
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 30f5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Heidi Hutchings
| 17CV02548
DEFENDANT/RESPONDENT: Johnson & Johnson, et al.
11. Insurance
a [1 Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [7] Yes [1 No
c. [1 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.
[1] Bankruptcy [7] Other (specify): JCCP No. 4872, Johnson & Johnson Talcum Powder Cases
Status: JCCP No. 4872 is pending before the Hon. Daniel J. Buckley. The Add-On Petition for this case was granted.
13. Related cases, consolidation, and coordination
a. [7] There are companion, underlying, or related cases.
(1) Name of case: Johnson & Johnson Talcum Powder Cases
(2) Name of court: Los Angeles Superior Court, Spring Street Courthouse, Department 1
(3) Case number: JCCP No. 4872
(4) Status: Currently pending
[J Additional cases are described in Attachment 13a.
b. [4] Amotion to [J consolidate [J coordinate will be filed by (name party):
The Add-On Petition to coordinate this case into JCCP No.4872 was granted on October 13, 2017.
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):
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 Descriptio! Date
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Liaison counsel for all parties in JCCP No. 4872 continue to meet and confer concerning the general and
jurisdictional discovery plan. See Joint Status Report for the November 3, 2020, JCCP No. 4872 Status
Conference, attached hereto as Exhibit 1.
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of5
CM-110
PLAINTIFF/PETITIONER: Heidi Hutchings CASE NUMBER:
| 17CV02548
DEFENDANT/RESPONDENT: Johnson & Johnson, 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 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
[1] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
This case has been coordinated into the JCCP 4872 on October 13, 2017. The case file should be fully
transferred to the JCCP. Plaintiff asks this Court to remove this matter from the case management calendar.
19. Meet and confer
a. [7] 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):
JCCP No. 4872, the Johnson & Johnson Talcum Powder Cases, is pending before the Honorable Daniel J.
Buckley. The Petition and Request for Coordination of this case was granted on October 13, 2017.
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): 7
| 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.
Mol PD
Date: November 20, 2020
Melanie Meneses Palmer, Plaintiff's Counsel
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[-) Additional signatures are attached.
(CM-110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page
5 ofS
EXHIBIT 1
CONFORMED COPY
ORIGINAL FEL!
Suparior Court of Calliornia
sounty of Los Angeles
1 Mark P. Robinson, Jr. (SBN 054426)
mrobinson@robinsonfirm.com
ROBINSON CALCAGNIE, INC,
oct a7 202
19 Corporate Plaza Drive
Newport Beach, CA 92660
Sherti R. Carter, Executive OiceriClerk
Tel: 949-720-1288 By Paul R. Cruz, Deputy
Fax: 949-720-1292
Plaintiffs’ Lead Counsel
Melanie Palmer (SBN 286752)
palmer@kiesel.law
KIESEL LAW LLP
8648 Wilshire Boulevard
Beverly Hills, CA 90211-2910
Tel: 310-854-4444
Fax: 310-854-0812
10 Plaintiffs’ Court Liaison Counsel
Ii Michael C. Zellers (SBN 146904) Michael F. Healy (SBN 95098)
michael. zellers@tuckerellis.com mfhealy@shb.
12 Amanda Villalobos (SBN 262176) Emily M. Weissenberger (SBN 248898)
amanda. villalobos@tuckerellis.com eweissenberger@shb.com
13 TUCKER ELLIS LLP SHOOK, HARDY & BACON LLP
515 South Flower Street, 42nd Floor One Montgomery Street, Suite 2700
14 Los Angeles, CA 90071-2223 San Francisco, CA 94104
Tel: 213-430-3400 Tel: 415-544-1900
15 Fax: 213-430-3409 Fax: 415-391-0281
16 Defendants’ Lead Liaison Counsel Defendants’ Lead Liaison Counsel
17 [Additional Counsel Listed on Signature Page]
18 SUPERIOR COURT OF THE STATE OF CALIFORNIA
19 FOR THE COUNTY OF LOS ANGELES
20 Coordination Proceeding JUDICIAL COUNCIL
Special Title (Rule 3.550) COORDINATION PROCEEDING
21
NO. 4872
22 JOHNSON & JOHNSON TALCUM
POWDER CASES Assigned to Hon, Daniel J. Buckley,
23 Dept. SSC-1
24 THIS DOCUMENT RELATES TO JOINT STATUS REPORT FOR
ALL CASES NOVEMBER 3, 2020 STATUS
2: CONFERENCE; AGENDA
Sara K, Hatanaka v, Johnson & Johnson,
26 et, al., Los Angeles Case No. BC624643 Date: November 3, 2020
27 Time: 1:45 p.m.
Dept: SSC-1
28
JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA
The parties, through Liaison Counsel, provide the Court with this Joint Status Report
regarding the Johnson & Johnson Talcum Powder Cases, Judicial Council Coordination
Proceeding No. 4872 (“JCCP 4872”):
1. Active Case List
Tt has been brought to the parties’ attention that there are a number of matters which have
been transferred and coordinated into JCCP 4872 from different counties but have not been
assigned a Los Angeles Superior Court case number or individual docket. The parties are
conferring
on this issue and will submit to the Court a list that identifies these cases.
2. General Discovery Plai
10 To date, Defendants have produced deposition transcripts of company witnesses, who were
11 deposed in multiple jurisdictions over the course of sixteen days as Defendants’ person most
12 knowledgeable. Defendants are also continuing to voluntarily produce documents produced in
13 other jurisdictions. The parties are continuing to meet and confer regarding Plaintiffs’ proposed
14 General
JCCP Discovery Plan, and will be prepared to discuss with the Court the extent of the
15 general liability discovery that will be taken in the JCCP going forward.
16 3. Jurisdictional Discovery Plai
17 The parties are continuing to meet and confer regarding Plaintiffs’ discovery requests
18 conceming jurisdiction.
19 4. Trial Selection Process
20 The parties are still in the process of discussing the trial selection protocol and will be
21 prepared
to discuss the proposed protocol at the next status conference.
22 5. Science Day Proposal
23 Based on this Court’s interest in a Science Day presentation, Liaison Counsel for the
24 parties have met and conferred regarding a Science Day. The parties believe a presentation
25 conceming
the applicable science, as presented by each side and without argument, would be
26 beneficial to the Court.
27 6. Notices of Adoption
28 Pursuant to CMO 5, each plaintiff in the JCCP must submit a notice of adoption of the
JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA
master complaint. The parties agreed to extend the deadline for plaintiffs to submit their notices
of adoption to September 21, 2020. The parties are meeting and conferring regarding defendants’
potential challenges to certain notices of adoption and identification of plaintiffs who failed to
submit their notices of adoption.
DATED: October 27, 2020 ROBINSON CALCAGNIE, INC.
Mark P. Robinson, ir (SBN 054426) 7 //©
nrobinson@robinsonfirmcom
ROBINSON CALCAGNIE, INC.
10 19 Corporate Plaza Drive
Newport Beach, CA 92660
11 Tel: 949-720-1288
Fax: 949-720-1292
12
Plaintiffs’ Lead Counsel
13
DATED: October 27, 2020 KIESEL LAW LLP
14
15
16
17
», Meh RO
Melanie Palmer (SBN 286752)
palmer@kiesel.law
KIESEL LAW LLP
18 8648 Wilshire Boulevard
Beverly Hills, CA 90211-2910
19 Tel 310-854-4444.
Fax: 310-854-0812
20
Plaintiffs’ Court Liaison Counsel
21
Raymond P. Boucher (SBN 115364)
22 ray@boucher.law
BOUCHER LLP
23 21600 Oxnard Street, Suite 600
Woodland Hills, CA 91367
24 Tel 818-340-5400
Fex: 818-340-5401
25
Plaintiffs’ Co-Liaison Counsel
26
27
28
JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA
Thomas Girardi (SBN 36603)
irardi@girardikeese.com.
GIRARDI | KEESE
1126 Wilshire Boulevard
Los es, CA 90017
Te: 13-97-0211
Fax: 213-481-1554
Plaintiffs’ Co-Liaison Counsel
DATED: October 27, 2020 SHOOK, HARDY & BACON L.L.P.
ichael F. Healy
Michael F. Healy (SBN 95098)
10 mthealy@shb.com
Emily M. Weissenberger (SBN 248898)
11 Wel shb.com
SHOOK, HARDY & BACON LLP
12 One Montgomery Street, Suite 2700
San Francisco, CA 94104.
13
Te: 415-544-1900
14 Fex: 415-391-0281
15 Defendants’ Lead Liaison Counsel
16 DATED: October 27, 2020 TUCKER ELLIS LLP
17
C. Zellers
18
Michael C. Zellers (SBN 146904)
19 Michael. zell tuckerellis.com.
Amanda Villalobos (SBN 262176)
20 amanda. villalobos@tuckerellis.com
TUCKER ELLIS LLP
21 515 South Flower Street, 42nd Floor
22 Los Angeles, CA 90071-2223
Te: 213-430-3400
23 Fax: 213-430-3409
24 Defendants’ Lead Liaison Counsell
25
26
27
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JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA
AGENDA
Status Conference
November 3, 2020, at 1:45 pm.
Judge Daniel Buckley, Department SSC-1
Notices of Adoption
Plaintiffs’ Proposed General Discovery Plan
Status of Pending
Cases and Add-Ons
Discussion re Bellwether Trial Selection Process
Scheduling
of Science Day
10 Setting Next Status Conference
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AGENDA
PROOF OF SERVICE
Johnson & Johnson Talcum Powder Cases
JCCP 4872
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Los Angeles, State of Califomia. My business address is 8648
Wilshire Boulevard, Beverly Hills, CA 90211-2910.
On October 27, 2020, I served true copies of the following document(s) described as
JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE;
AGENDA on the interested parties in this action as follows:
BY ELECTRONIC SERVICE VIA CASE ANYWHERE: In accordance with the
Court’s Order goveming Los Angeles Superior Court Case No. JCCP4872 requiring all documents
10 to be served upon interested parties via Case Anywhere and its litigation system (the “Systeny’).
11 I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is true and correct.
12
13 Executed on October 27, 2020, at Beverly Hills, Califomia.
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PROOF OF SERVICE
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
At the time of service, I was over 18 years of age and not a party to this action. I am
employedin the County of Los Angeles, State of Califomia. My business address is 8648 Wilshire
Boulevard, Beverly Hills, CA 90211-2910.
On November
20, 2020, I served true copies of the following document(s) described.as C A SE
MANAGEMENT STATEMENT on the interested
parties in this action
as follows:
SEE ATTACHED SERVICE LIST
BY E-MAIL OR ELECTRONIC TRANSMISSION: I causedacopy
of the document(s) to
besent from e-mail address smendoza@kiesel.law
to the persons at the e-mail addresses listed in the
Service List.
10 I declare under penalty of perjury under the laws of the State of Califomia
that the foregoing is
11 true and correct.
12 Executed on November 20, 2020, at Beverly Hills, Califomia.
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00580204-1
PROOF OF SERVICE
SERVICE LIST
Heidi Hutchingsv. J ohnson
& Johnson, et al
Case No. 17CV02548
Ted G. Meadows, Attorneys for Plaintiff
BEASLEY ALLEN CROW METHVIN Heidi Hutchings
PORTIS & MILES, P.C
218 Commence Street
Montgomery, AL 36104
Tel: 800-898-2034
Fax: 334-954-7555
Email: ted: meadows@beasleyallen.com
Michael C. Zellers, Esq. Attorneys for Defendants
Amanda Villalobos, Esq. Johnson & Johnson; and
TUCKER ELLIS LLP Johnson & Johnson Consumer Companies, Inc.
10 515 South Flower Street, 42nd Floor
Los Angeles, CA 90071-2223
11 Tel: (213) 430-3400
Fax: (213) 430-3409
12 Email: michael.zellers@tuckerellis.com.
Email: amanda villalobos@tuckerellis.com
13
14 Michael Healy, Esq. Attorneys for Defendants
Emily M. Weissenberger, Esq. Johnson & Johnson; and
15 SHOOK, HARDY & BACON LLP Johnson & Johnson Consumer Companies, Inc.
One Montgomery Street, Suite 2600
16 San Francisco, CA 94104
Tel: (415) 544-1900
17 Fax: (415) 391-0281
18 Email: mfhealy@shb.com
Email: eweissenberger@shb.com
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00580204-1
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Melanie Meneses Palmer (SBN 286752) Cherisse Heidi A. Cleofe (SBN 290152) KIESEL LAW LLP 8648 Wilshire Blvd., Beverly Hills, CA 90211 F Superior Court of California F TELEPHONE No.: (310) 854-4444 FAXNO. (Optonal:(310) 854-0812 E-MAIL ADDRESS (Optional): palmer@kiesel.law; cleofe@kiesel.law County of Butte | ATTORNEY FOR (Name): Plaintiff Heidi Hutchings SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 11/20/2020 L tree appress: 1775 Concord Avenue E MAILING ADDRESS: 1775 Concord Avenue Ki Fles rk D CITY AND ZIP CODE: Chico, CA 95928 By Deputy Electronically FILED BRANCH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: Heidi Hutchings DEFENDANT/RESPONDENT: Johnson & Johnson, et al. CASE MANAGEMENT STATEMENT CASE NUMBER; (Check one): [7] UNLIMITED CASE [) uimitep case 17CV02548 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 12/9/2020 Time: 10:30 a.m. Dept.: 10 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Melanie Meneses Palmer, Counsel for Plaintiff INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a [1 This statement is submitted by party (name): Plaintiff Heidi Hutchings 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): September 1, 2017 b. [] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) W 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) [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) [=] have had a default entered against them (specify names): c. CI) 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 a Type of case in complaint [1 cross-complaint (Describe, including causes of action): Plaintiff brings causes of action for strict products liability (failure to warn and design defect), negligence, breach of warranty, concealment, and fraud. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720-3.730 (CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Heidi Hutchings CASE NUMBER. 17CV02548 DEFENDANT/RESPONDENT: Johnson & Johnson, et al. 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.) This is a product liability action involving the use of Defendants' talcum powder products, which Plaintiff alleges caused her to develop ovarian cancer and suffer injuries. CI) (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial C5) a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. [] The trial has been set for (date): b. [7] 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): This case has been coordinated into Johnson & Johnson Talcum Powder Cases, JCCP No. 4872. c, Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length oft I The party or parties estimate that the trial will take (check one): a days (specify number): 20 days b. [1 hours (short causes) (specify): 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-mail address: oO g. Party represented: Additional representation is described in Attachment 8. 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 L-] 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 [J has [7] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [-{] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. 2) C4 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 exem| t from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under ode of Civil Procedure section 1775 et seq. (specify exemption): California Rules of Court, Rule 3.811(b)8. (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: Heidi Hutchings [CASE NUMBER: 17CV02548 DEFENDANT/RESPONDENT: Johnson & Johnson, et al. 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): 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 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 30f5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Heidi Hutchings | 17CV02548 DEFENDANT/RESPONDENT: Johnson & Johnson, et al. 11. Insurance a [1 Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [7] Yes [1 No c. [1 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. [1] Bankruptcy [7] Other (specify): JCCP No. 4872, Johnson & Johnson Talcum Powder Cases Status: JCCP No. 4872 is pending before the Hon. Daniel J. Buckley. The Add-On Petition for this case was granted. 13. Related cases, consolidation, and coordination a. [7] There are companion, underlying, or related cases. (1) Name of case: Johnson & Johnson Talcum Powder Cases (2) Name of court: Los Angeles Superior Court, Spring Street Courthouse, Department 1 (3) Case number: JCCP No. 4872 (4) Status: Currently pending [J Additional cases are described in Attachment 13a. b. [4] Amotion to [J consolidate [J coordinate will be filed by (name party): The Add-On Petition to coordinate this case into JCCP No.4872 was granted on October 13, 2017. 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): 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 Descriptio! Date The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Liaison counsel for all parties in JCCP No. 4872 continue to meet and confer concerning the general and jurisdictional discovery plan. See Joint Status Report for the November 3, 2020, JCCP No. 4872 Status Conference, attached hereto as Exhibit 1. (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of5 CM-110 PLAINTIFF/PETITIONER: Heidi Hutchings CASE NUMBER: | 17CV02548 DEFENDANT/RESPONDENT: Johnson & Johnson, 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 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 [1] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): This case has been coordinated into the JCCP 4872 on October 13, 2017. The case file should be fully transferred to the JCCP. Plaintiff asks this Court to remove this matter from the case management calendar. 19. Meet and confer a. [7] 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): JCCP No. 4872, the Johnson & Johnson Talcum Powder Cases, is pending before the Honorable Daniel J. Buckley. The Petition and Request for Coordination of this case was granted on October 13, 2017. 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): 7 | 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. Mol PD Date: November 20, 2020 Melanie Meneses Palmer, Plaintiff's Counsel (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [-) Additional signatures are attached. (CM-110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 5 ofS EXHIBIT 1 CONFORMED COPY ORIGINAL FEL! Suparior Court of Calliornia sounty of Los Angeles 1 Mark P. Robinson, Jr. (SBN 054426) mrobinson@robinsonfirm.com ROBINSON CALCAGNIE, INC, oct a7 202 19 Corporate Plaza Drive Newport Beach, CA 92660 Sherti R. Carter, Executive OiceriClerk Tel: 949-720-1288 By Paul R. Cruz, Deputy Fax: 949-720-1292 Plaintiffs’ Lead Counsel Melanie Palmer (SBN 286752) palmer@kiesel.law KIESEL LAW LLP 8648 Wilshire Boulevard Beverly Hills, CA 90211-2910 Tel: 310-854-4444 Fax: 310-854-0812 10 Plaintiffs’ Court Liaison Counsel Ii Michael C. Zellers (SBN 146904) Michael F. Healy (SBN 95098) michael. zellers@tuckerellis.com mfhealy@shb. 12 Amanda Villalobos (SBN 262176) Emily M. Weissenberger (SBN 248898) amanda. villalobos@tuckerellis.com eweissenberger@shb.com 13 TUCKER ELLIS LLP SHOOK, HARDY & BACON LLP 515 South Flower Street, 42nd Floor One Montgomery Street, Suite 2700 14 Los Angeles, CA 90071-2223 San Francisco, CA 94104 Tel: 213-430-3400 Tel: 415-544-1900 15 Fax: 213-430-3409 Fax: 415-391-0281 16 Defendants’ Lead Liaison Counsel Defendants’ Lead Liaison Counsel 17 [Additional Counsel Listed on Signature Page] 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 FOR THE COUNTY OF LOS ANGELES 20 Coordination Proceeding JUDICIAL COUNCIL Special Title (Rule 3.550) COORDINATION PROCEEDING 21 NO. 4872 22 JOHNSON & JOHNSON TALCUM POWDER CASES Assigned to Hon, Daniel J. Buckley, 23 Dept. SSC-1 24 THIS DOCUMENT RELATES TO JOINT STATUS REPORT FOR ALL CASES NOVEMBER 3, 2020 STATUS 2: CONFERENCE; AGENDA Sara K, Hatanaka v, Johnson & Johnson, 26 et, al., Los Angeles Case No. BC624643 Date: November 3, 2020 27 Time: 1:45 p.m. Dept: SSC-1 28 JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA The parties, through Liaison Counsel, provide the Court with this Joint Status Report regarding the Johnson & Johnson Talcum Powder Cases, Judicial Council Coordination Proceeding No. 4872 (“JCCP 4872”): 1. Active Case List Tt has been brought to the parties’ attention that there are a number of matters which have been transferred and coordinated into JCCP 4872 from different counties but have not been assigned a Los Angeles Superior Court case number or individual docket. The parties are conferring on this issue and will submit to the Court a list that identifies these cases. 2. General Discovery Plai 10 To date, Defendants have produced deposition transcripts of company witnesses, who were 11 deposed in multiple jurisdictions over the course of sixteen days as Defendants’ person most 12 knowledgeable. Defendants are also continuing to voluntarily produce documents produced in 13 other jurisdictions. The parties are continuing to meet and confer regarding Plaintiffs’ proposed 14 General JCCP Discovery Plan, and will be prepared to discuss with the Court the extent of the 15 general liability discovery that will be taken in the JCCP going forward. 16 3. Jurisdictional Discovery Plai 17 The parties are continuing to meet and confer regarding Plaintiffs’ discovery requests 18 conceming jurisdiction. 19 4. Trial Selection Process 20 The parties are still in the process of discussing the trial selection protocol and will be 21 prepared to discuss the proposed protocol at the next status conference. 22 5. Science Day Proposal 23 Based on this Court’s interest in a Science Day presentation, Liaison Counsel for the 24 parties have met and conferred regarding a Science Day. The parties believe a presentation 25 conceming the applicable science, as presented by each side and without argument, would be 26 beneficial to the Court. 27 6. Notices of Adoption 28 Pursuant to CMO 5, each plaintiff in the JCCP must submit a notice of adoption of the JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA master complaint. The parties agreed to extend the deadline for plaintiffs to submit their notices of adoption to September 21, 2020. The parties are meeting and conferring regarding defendants’ potential challenges to certain notices of adoption and identification of plaintiffs who failed to submit their notices of adoption. DATED: October 27, 2020 ROBINSON CALCAGNIE, INC. Mark P. Robinson, ir (SBN 054426) 7 //© nrobinson@robinsonfirmcom ROBINSON CALCAGNIE, INC. 10 19 Corporate Plaza Drive Newport Beach, CA 92660 11 Tel: 949-720-1288 Fax: 949-720-1292 12 Plaintiffs’ Lead Counsel 13 DATED: October 27, 2020 KIESEL LAW LLP 14 15 16 17 », Meh RO Melanie Palmer (SBN 286752) palmer@kiesel.law KIESEL LAW LLP 18 8648 Wilshire Boulevard Beverly Hills, CA 90211-2910 19 Tel 310-854-4444. Fax: 310-854-0812 20 Plaintiffs’ Court Liaison Counsel 21 Raymond P. Boucher (SBN 115364) 22 ray@boucher.law BOUCHER LLP 23 21600 Oxnard Street, Suite 600 Woodland Hills, CA 91367 24 Tel 818-340-5400 Fex: 818-340-5401 25 Plaintiffs’ Co-Liaison Counsel 26 27 28 JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA Thomas Girardi (SBN 36603) irardi@girardikeese.com. GIRARDI | KEESE 1126 Wilshire Boulevard Los es, CA 90017 Te: 13-97-0211 Fax: 213-481-1554 Plaintiffs’ Co-Liaison Counsel DATED: October 27, 2020 SHOOK, HARDY & BACON L.L.P. ichael F. Healy Michael F. Healy (SBN 95098) 10 mthealy@shb.com Emily M. Weissenberger (SBN 248898) 11 Wel shb.com SHOOK, HARDY & BACON LLP 12 One Montgomery Street, Suite 2700 San Francisco, CA 94104. 13 Te: 415-544-1900 14 Fex: 415-391-0281 15 Defendants’ Lead Liaison Counsel 16 DATED: October 27, 2020 TUCKER ELLIS LLP 17 C. Zellers 18 Michael C. Zellers (SBN 146904) 19 Michael. zell tuckerellis.com. Amanda Villalobos (SBN 262176) 20 amanda. villalobos@tuckerellis.com TUCKER ELLIS LLP 21 515 South Flower Street, 42nd Floor 22 Los Angeles, CA 90071-2223 Te: 213-430-3400 23 Fax: 213-430-3409 24 Defendants’ Lead Liaison Counsell 25 26 27 28 JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA AGENDA Status Conference November 3, 2020, at 1:45 pm. Judge Daniel Buckley, Department SSC-1 Notices of Adoption Plaintiffs’ Proposed General Discovery Plan Status of Pending Cases and Add-Ons Discussion re Bellwether Trial Selection Process Scheduling of Science Day 10 Setting Next Status Conference 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGENDA PROOF OF SERVICE Johnson & Johnson Talcum Powder Cases JCCP 4872 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of Califomia. My business address is 8648 Wilshire Boulevard, Beverly Hills, CA 90211-2910. On October 27, 2020, I served true copies of the following document(s) described as JOINT STATUS REPORT FOR NOVEMBER 3, 2020 STATUS CONFERENCE; AGENDA on the interested parties in this action as follows: BY ELECTRONIC SERVICE VIA CASE ANYWHERE: In accordance with the Court’s Order goveming Los Angeles Superior Court Case No. JCCP4872 requiring all documents 10 to be served upon interested parties via Case Anywhere and its litigation system (the “Systeny’). 11 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. 12 13 Executed on October 27, 2020, at Beverly Hills, Califomia. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action. I am employedin the County of Los Angeles, State of Califomia. My business address is 8648 Wilshire Boulevard, Beverly Hills, CA 90211-2910. On November 20, 2020, I served true copies of the following document(s) described.as C A SE MANAGEMENT STATEMENT on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: I causedacopy of the document(s) to besent from e-mail address smendoza@kiesel.law to the persons at the e-mail addresses listed in the Service List. 10 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is 11 true and correct. 12 Executed on November 20, 2020, at Beverly Hills, Califomia. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 00580204-1 PROOF OF SERVICE SERVICE LIST Heidi Hutchingsv. J ohnson & Johnson, et al Case No. 17CV02548 Ted G. Meadows, Attorneys for Plaintiff BEASLEY ALLEN CROW METHVIN Heidi Hutchings PORTIS & MILES, P.C 218 Commence Street Montgomery, AL 36104 Tel: 800-898-2034 Fax: 334-954-7555 Email: ted: meadows@beasleyallen.com Michael C. Zellers, Esq. Attorneys for Defendants Amanda Villalobos, Esq. Johnson & Johnson; and TUCKER ELLIS LLP Johnson & Johnson Consumer Companies, Inc. 10 515 South Flower Street, 42nd Floor Los Angeles, CA 90071-2223 11 Tel: (213) 430-3400 Fax: (213) 430-3409 12 Email: michael.zellers@tuckerellis.com. Email: amanda villalobos@tuckerellis.com 13 14 Michael Healy, Esq. Attorneys for Defendants Emily M. Weissenberger, Esq. Johnson & Johnson; and 15 SHOOK, HARDY & BACON LLP Johnson & Johnson Consumer Companies, Inc. One Montgomery Street, Suite 2600 16 San Francisco, CA 94104 Tel: (415) 544-1900 17 Fax: (415) 391-0281 18 Email: mfhealy@shb.com Email: eweissenberger@shb.com 19 20 21 22 23 24 25 26 27 28 00580204-1 PROOF OF SERVICE