Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Sean T. O'Rourke, Esq.; SBN 199420
PETRIE LEATH LARRIVEE & O'ROURKE, LLP E-FILED
6051 N. Fresno St., Ste. 110
Fresno, CA 93710 1/6/2021 3:08 PM
Superior Court of California
TELEPHONE NO.: (559) 498-6522 (559) 498-6516
FAX NO.(OpUonalt County of Fresno
sorourke@pllolegal.com
E-MAIL ADDRESS (Optional): By: L. Whipple, Deputy
ATTORNEY FOR (Name):Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS:1130 0 St.
MAILING ADDRESS:
Fresno, CA 93724
CITY AND ZlP CODE:
BRANCH NAME: Civil
PLAINTIFF/PETITIONER: TRAVIS MELLON
DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): w UNLIMITED CASE
(Amount demanded
D LIMITED CASE
(Amount demanded is $25,000
20CECG02040
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 1122121 Time: 1:30 p.m. Dept.: 501 Div.: Room:
Address of court (if different from the address above):
[KJ Notice of Intent to Appear by Telephone, by (name): Sean T. O'Rourke
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [KJ This statement is submitted by party (name): TRAVIS MELLON
b. CJ 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):July 16, 2020
b. CJ The cross-complaint, if any, was filed on(date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. CJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. CJ The following parties named in the complaint or cross-complaint
(1) CJ have not been served (specify names and explain why not):
(2) CJ have been served but have not appeared and have not been dismissed (specify names):
(3) CJ have had a default entered against them (specify names):
c. CJ 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 [KJ complaint CJ cross-complaint (Describe, including causes of action):
Public disclosure of private facts;
Intrusion into private affairs; Defamation; False light.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of Calrfomia
CASE MANAGEMENT STATEMENT rules 3.720-3.730
CM-110 [Rev. July 1, 2011] www.courls.ca.gov
CM-110
PLAINTIFF/PETITIONER: TRAVIS MELLON CASE NUMBER:
DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. 20CECG02040
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.)
Some two years after the parties ended a mutual consensual romantic relationship that itself had lasted some two years,
Defendant began posting untrue and harassing comments about the parties' relationship.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
a. The party or parties request [KJ a jury trial D a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for(date):
b. D 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):
Trials: 6/1/21-Fresno; 6/21/21-Fresno; 7/19/21-Madera; 7/26/21-Fresno; 9/13/21-Fresno; 11/15/21-Fresno; 11/29/15-Fresno;
12/6/21-Fresno; 12/13/21-Fresno; 2/14/22-Fresno; 3/14/22-Fresno
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [KJ days (specify number): 4
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial[KJ by the attorney or party listed in the caption D by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
D 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 D has not provided the ADR information package identified
in rule 3.221to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has D 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)D 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) [KJ 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):
Amount in controversy.
CM-110 (Rev. July 1, 2011] Page2of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: TRAVIS MELLON CASE NUMBER:
DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. 20CECG02040
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 infonnation):
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):
[KJ Mediation session not yet scheduled
D Mediation session scheduled for (date):
(1) Mediation m D Agreed to complete mediation by (date):
D Mediation completed on (date):
[KJ Settlement conference not yet scheduled
D Settlement conference scheduled for(date):
(2) Settlement
conference
m D Agreed to complete settlement conference by(date):
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation D D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
D (date):
Judicial arbitration scheduled for
(4) Nonbinding judicial D
arbitration D Agreed to complete judicial arbitration by(date):
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for(date):
arbitration D Agreed to complete private arbitration by (date):
D Private arbitration completed on (date):
D ADR session not yet scheduled
D ADR session scheduled for (date):
(6) Other (specify): D D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page3of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: TRAVIS MELLON CASE NUMBER:
DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. 20CECG02040
11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
c. D Coverage issues will significantly affect resolution of this case
(explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to consolidate D coordinate will be filed by (name party):
14. Bifurcation
D The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion,and reasons):
15. Other motions
The party or parties expect to file the following motions before trial
(specify moving party,type of motion, and issues):
16. Discovery
a. D The party or parties have completed all discovery.
b. CK] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
All forms of discovery are anticipated.
c. D 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
CM-110
PLAINTIFF/PETITIONER: TRAVIS MELLON CASE NUMBER:
DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. 20CECG02040
17. Economic litigation
a. D 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. D 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
D 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. w 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. D 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): _O_ _ _ __
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 manab ment conference, including the written authority of the party where required.
Date: January_, 2021 • ----£ ~
Sean T. O'Rourke /.,,,.,,,,,.....
(1YPE OR PRINT NAME) (SIGNATURE OF PAR1Y OR ATTORNEY)
(1YPE OR PRINT NAME) • (SIGNATURE OF PAR1Y OR ATTORNEY)
D Additional signatures are attached.
CM-11 0 !Rev. July 1, 201 1) Page 5 of 5
CASE MANAGEMENT STATEMENT
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
I am employed in the County of Fresno, State of California. I am over the age of 18
and not a party to the within action; my business address is 6051 Fresno Street, Suite 110, Fresno,
California 93710.
On January 6, 2021 , I served the foregoing document described as CASE
MANAGEMENT STATEMENT on the other parties in this action as follows:
Larry Zerner, Esq . Attorney for Defendant,
MORRISON ROTHMAN DANICA ROCKWOOD
1801 Century Park East, Ste. 240
Los Angeles, CA 90067
Fax: (310) 388-5624
Email: Larry@Zernerlaw.com
BY ELECTRONIC DELIVERY:
I caused such document to be delivered by electronic means prior to close
of business on this same day to the addressee(s) at the electronic notification
addressee(s) provided above pursuant to California Rules of Court, Rule 2.260(a). The
electronic delivery was reported as completed and without error pursuant to California
Rules of Court, Rule 2.260(f).
Executed on January 6, 2021, at Fresno, California.
I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
Jalee Furr
Type or Print Name
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Sean T. O'Rourke, Esq.; SBN 199420 PETRIE LEATH LARRIVEE & O'ROURKE, LLP E-FILED 6051 N. Fresno St., Ste. 110 Fresno, CA 93710 1/6/2021 3:08 PM Superior Court of California TELEPHONE NO.: (559) 498-6522 (559) 498-6516 FAX NO.(OpUonalt County of Fresno sorourke@pllolegal.com E-MAIL ADDRESS (Optional): By: L. Whipple, Deputy ATTORNEY FOR (Name):Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS:1130 0 St. MAILING ADDRESS: Fresno, CA 93724 CITY AND ZlP CODE: BRANCH NAME: Civil PLAINTIFF/PETITIONER: TRAVIS MELLON DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): w UNLIMITED CASE (Amount demanded D LIMITED CASE (Amount demanded is $25,000 20CECG02040 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 1122121 Time: 1:30 p.m. Dept.: 501 Div.: Room: Address of court (if different from the address above): [KJ Notice of Intent to Appear by Telephone, by (name): Sean T. O'Rourke INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [KJ This statement is submitted by party (name): TRAVIS MELLON b. CJ 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):July 16, 2020 b. CJ The cross-complaint, if any, was filed on(date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. CJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. CJ The following parties named in the complaint or cross-complaint (1) CJ have not been served (specify names and explain why not): (2) CJ have been served but have not appeared and have not been dismissed (specify names): (3) CJ have had a default entered against them (specify names): c. CJ 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 [KJ complaint CJ cross-complaint (Describe, including causes of action): Public disclosure of private facts; Intrusion into private affairs; Defamation; False light. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of Calrfomia CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 [Rev. July 1, 2011] www.courls.ca.gov CM-110 PLAINTIFF/PETITIONER: TRAVIS MELLON CASE NUMBER: DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. 20CECG02040 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.) Some two years after the parties ended a mutual consensual romantic relationship that itself had lasted some two years, Defendant began posting untrue and harassing comments about the parties' relationship. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request [KJ a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for(date): b. D 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): Trials: 6/1/21-Fresno; 6/21/21-Fresno; 7/19/21-Madera; 7/26/21-Fresno; 9/13/21-Fresno; 11/15/21-Fresno; 11/29/15-Fresno; 12/6/21-Fresno; 12/13/21-Fresno; 2/14/22-Fresno; 3/14/22-Fresno 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [KJ days (specify number): 4 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial[KJ by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 D has not provided the ADR information package identified in rule 3.221to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has D 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)D 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) [KJ 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): Amount in controversy. CM-110 (Rev. July 1, 2011] Page2of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: TRAVIS MELLON CASE NUMBER: DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. 20CECG02040 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 infonnation): 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): [KJ Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation m D Agreed to complete mediation by (date): D Mediation completed on (date): [KJ Settlement conference not yet scheduled D Settlement conference scheduled for(date): (2) Settlement conference m D Agreed to complete settlement conference by(date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled D (date): Judicial arbitration scheduled for (4) Nonbinding judicial D arbitration D Agreed to complete judicial arbitration by(date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for(date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled D ADR session scheduled for (date): (6) Other (specify): D D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. July 1, 2011] Page3of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: TRAVIS MELLON CASE NUMBER: DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. 20CECG02040 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to consolidate D coordinate will be filed by (name party): 14. Bifurcation D The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion,and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party,type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. CK] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date All forms of discovery are anticipated. c. D 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 CM-110 PLAINTIFF/PETITIONER: TRAVIS MELLON CASE NUMBER: DEFENDANT/RESPONDENT: DANICA ROCKWOOD, et al. 20CECG02040 17. Economic litigation a. D 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. D 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 D 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. w 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. D 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): _O_ _ _ __ 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 manab ment conference, including the written authority of the party where required. Date: January_, 2021 • ----£ ~ Sean T. O'Rourke /.,,,.,,,,,..... (1YPE OR PRINT NAME) (SIGNATURE OF PAR1Y OR ATTORNEY) (1YPE OR PRINT NAME) • (SIGNATURE OF PAR1Y OR ATTORNEY) D Additional signatures are attached. CM-11 0 !Rev. July 1, 201 1) Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO I am employed in the County of Fresno, State of California. I am over the age of 18 and not a party to the within action; my business address is 6051 Fresno Street, Suite 110, Fresno, California 93710. On January 6, 2021 , I served the foregoing document described as CASE MANAGEMENT STATEMENT on the other parties in this action as follows: Larry Zerner, Esq . Attorney for Defendant, MORRISON ROTHMAN DANICA ROCKWOOD 1801 Century Park East, Ste. 240 Los Angeles, CA 90067 Fax: (310) 388-5624 Email: Larry@Zernerlaw.com BY ELECTRONIC DELIVERY: I caused such document to be delivered by electronic means prior to close of business on this same day to the addressee(s) at the electronic notification addressee(s) provided above pursuant to California Rules of Court, Rule 2.260(a). The electronic delivery was reported as completed and without error pursuant to California Rules of Court, Rule 2.260(f). Executed on January 6, 2021, at Fresno, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Jalee Furr Type or Print Name