Preview
CM-110
ATTORNEY OR PARTY \MTHOUT ATTORNEY
(Name, Stale Bar number, and address):
FOR COURT USE ONLY
Leonard C. Herr/ Rhea Ikemiya SBN: 081896 /267l36
HERR PEDERSEN & BERGLUND LLP
100 Willow Plaza, Suite 300
E-FILED
93291
Visalia, California
9/1/2021 11:07 AM
TELEPHONE N0; (559)636-0200 FAX No.
(Optional): Superior Court of California
ADDRess
E-MAIL
County of Fresno
ATTORNEY FOR (Nam Kings River Water Association & Steven Haugen By: Estela Alvarado, Deputy
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS 1130 O Street
MAILING ADDRESS.1130 0 Street
CW AND Z‘PCWE' Fresno, 93721-2220
BRANCH NAME
B.F. Sisk Courthouse
PLAINTIFF/PETITIONERZJAMES IRRIGATION DISTRICT
DEFENDANT/RESPONDENTIKINGS RIVER WATER ASSOCIATION, et a1.
CASE MANAGEMENT STATEMENT
(Check one): m UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is$25,000
CASE NumaER;
exceeds $25,000) or less) 19CECG00769
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: September 16, 2021 Timez3z30 p.m. Dept: 503 Div.: Room:
Address of court
(if from the address above):
different
Notice of Intent to Appear by Telephone. by (name): Leonard C. Herr
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
m
1.
a— This Statement ‘5SmeifiEd by Daffy (Hamel KINGS RIVER WATER ASSOCIATION AND STEVEN HAUGEN
2.
b.
D This statement issubmittedjointly by parties (names):
Complaint and cross-complaint (tobe answered by plaintiffs and cross-comp/ainantsonly)
a, The complaint was filed on (date):
3
b. E
Service
The cross—complaint. ifany,was filed on (date):
be answered by plaintiffs and cross—ccmplainants
a.
b.
E
E
(to
The
named
All parties in
named
following parties in
only)
the complaint and cross-complaint have been served,
the complaint or cross-complaint
have appeared, or have been dismissed.
(1) E have not been served (specify names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specifl/ names):
c,
E The
they may be served):
may be added
following additional parties (specifynames, nature ofinvolvement in case,and date by which
Description of case
E
4.
a. Type of case in com plaint cross-complaint (Describe, including causes of action);
Verified complaint for breach 0f contract, breach of covenant of good faith and fair dealing, breach of fiduciary duty,
declaratory relief, and imposition of physical solution against KRWA, its Water Master, and member units.
Page1of5
Form Adopted
Mandatory Use
far
qualWorma
JudlcialCouncvl
CASE MANAGEMEN T STATEM EN T Cal Rules of Court
rules
'
3.7503,:0
CM-1 1 O [Rem September 1‘ 2021] WWW COL]
S, V
Wfilthoc A Buidr
Fonn
CM-110
PLAINT{FF/PETJTIONER: JAMES IRRIGATION DISTRICT CASE NUMBER.
DEFENDANT’RESPONDENTi KINGS RIVER WATER ASSOCIATION, a 19CECGOO769
a1,
4. b. Provide a brief statement of the case, including any damages.
(prersonal injury damages are sought, specify the inju/y 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.
Ifequitable relief is sought, describe the nature ofthe relief)
James
Plaintiff, Irrigation District ("JID") alleges
Defendants Kings River Water Association, its Water Master, Defendant Steven Haugen, and Lower River
Units (collectively‘ "Dcfcndants") broached the 1963 Imra-Association Agreement ("Agreement") for water years 2016-2017 by applying a mclhod m
calculate JlD‘s compensation for conveyance losses contrary to the Agreement. JID alleges to have bccn damaged by this. Defendants deny these allegations.
5.
E (Ifmore space
Jury or nonjury
is
trial
needed, check thisbox and attach a page designated as Attachment 4b.)
The party or parties request
requesting a jury
trial):
a juw trial
D a nonjurytrial.(Ifmore than one party,provide the name of each party
6. Trial date
a.
b.
E
m
The
No trial
has been set
trial for (date):
date has been set. This casewillbe ready for within
trial 12 months of the dateofihe ofthe complaint
filing (if
not, explain):
c. Dates on which parties or attorneys
willnot be available for (specify dates
trial and explain reasons for unavailability):
2021- Oct. 18-29; Nov. 1-22, 29-30; Dec. 1-6; 2022- Jan. 10—31; Feb.1—16, 28; Mar. 1—14; April 11-18;May 9-31; June l-
20; 27-29; July 1-7;Aug. 22-31; Sep. 1-6, 12-19; Oct. 24—3 1; NOVA1-8; Dec.12-27; 2023- Jan. 17-24
7 Estimated length of trial
The party or parties estimate thatthe take {check one):
trial will
a. days (specify number): 8 days
bv
E hours (short causes) (specify):
8. Trialrepresentation be answered foreach
m
(to party)
The
a,
party or parties
Attorney:
willbe represented at trial by the attorney or party listed
inthe caption E by the following:
b. Firm:
c, Address:
d. Telephone number: f. Fax number:
e. E—mailaddress: Partyrepresented:
E
g.
Additional representationisdescribed in Attachment B.
9. Preference
E This case
10. Alternative
is preference (specify code section):
entitled to
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 3.221ofthe California Rules of Court for information about the
processes available through the court and community programs case.
in this
(1) For parties represented by counsel: Counsel m has E
3.221 to the client and reviewed ADR options with the
has not provided the ADR information package identified
(2)
in rule
D
For seIf-represented parties: Party has E has not
client.
reviewed the ADR information package identified
in rule3.221
b.
(1)E
Referral tojudicial arbitration or civil action mediation
This matter is
available).
(if
Code of Civil Procedure section
subject to mandatory judicial arbitration under
mediation under Code of Civil
1141.11 or to civil action
Procedure section 1775.3 because the amount in controversy does not exceed the
(2)E statutorylimit.
case to
Plaintiff elects to refer this
CivilProcedure section 1141.11.
and agrees
judicial arbitration amount
to limit recovery to the specified inCode of
(3)EThis case isexempt from under rule 3,811 of the California Rules of Court or from
judicial arbitration action
civil
mediation under Code Procedure section 1775 et seq.
of Civil (specify exemption):
CM“ R“ Sep'me' " 2°21]
CASE MANAGEMENT STATEMENT
Pagezol 5
CM-110
PLAINTIFF/PETITIONER:JAMES IRRIGATION DISTRICT CASE NUMBER.
DEFENDANT/RESPONDENT-'KINGS 19CECGOO769
RIVER WATER ASSOCIATION, et a1.
10. c.Indicate theADR process or processes that the party or patties are willing to participate
in,have agreed to participate or
in,
have already participated in (check all (hat apply and provide the specified information):
The party or parties completing Ifthe patty or parties completing this form
in the case have agreed to
thisform are willing to have already completed an ADR process or processes,
participate in or
participate in the following ADRindicate the status of the processes (attach a copy ofthe pam'es’ADR
processes {check all that apply):
stipulation):
m
E
Mediation session not yet scheduled
(1)Mediation m C]
Mediation session scheduled for
Agreed tocomplete mediation by
(date):
(date);
E Mediation completed on (date):
Settlement conference not yet scheduled
(2)Settlement
conference EX]
E
E
Settlement conference scheduled for(date):
Agreed to complete settlement conference by(date).'
E Setflement conference com pleted on (date);
E
E
Neutral evaluationnot yet scheduled
(3) Neutral evaluation E El
Neutral evaluation scheduled for
Agreed to
(dare):
complete neutral evaluation by(date);
E Neutral evaluation completed on (date):
E
E
Judicial not
arbitration yetscheduled
(4) Nonbindingjudicial
I: scheduled
Judicial arbitration for (date):
arbitration
E
E
Agreed tocomplete judicial arbitration
completed on
Judicial arbitration
by
(date):
(date):
(5)Binding private |:|
E
E
Private arbitration not yet scheduled
Private arbitration scheduled for
(date):
arbitration
E Agreed tocomplete private arbitration by
(date):
E Private arbitration completed on(date):
E
E
ADR session not yet scheduled
(6)Other (specify):
E E
ADR
Agreed
session scheduled for
tocomplete ADR
(date):
session by (dare):
E ADR completed on (date):
CM” Re“ Wm” 2°21]
1'
Page
CASE MANAGEMENT STATEMENT 3 a! 5
CM-110
PLAINTIFF/PETITJONER: JAMES IRRIGATION DISTRICT CASE NUMBER
DEFENDANT/RESPONDENT:KINGS RIVER WATER ASSOCIATION, 6t 3L 19CECG00769
11. Insurance
a-
E Insurance carrier, any, for party statement (name):
filing this
D
if
b.
c.
Reservation of
E
rights:
Coverage issues
Yes E No
resolution of this case
will significantly affect (explain);
12. Jurisdiction
may
Indicate any matters that affect the court's jurisdiction or processing ofthis
E Bankruptcy
Status:
E Other (specify):
case and describe the status.
13.Related cases, consolidation, and coordination
a. 1:] There are companion, underlying,or related cases.
(1) Name of case:
(2) Name ofcourt:
(3) Case number:
(4) Status:
E Additional cases are described inAttachment 132.
b‘
E A mofion to E consolidate E coordinate willbefiledby (name party):
14. Bifu rcation
D The party or parties intend to file a motion for
moving pany,
action (specify type of motion,
an order bifurcating, severing, or coordinating the following issues or
and reasons):
causes of
15. Other motions
The party or parties expect to file the following motions before
trial(specifymoving party: type of molion, andissues).
‘
16. Discovery
a,
b.
E The
The
have completed
party or parties
following discoverywili
alldiscovery.
be completed by the date specified (describe
allanticipated discovery):
Parfityfi Descrigtion Date
KRWA and Steven Haugen A11 fact and expen discovery Per C.C.P‘
c.
E The following discovery issues, including issues regarding the discovery of electronically stored information,
anticipated (specify):
are
m“ IR“ SeP‘WI’” "
2°21]
CASE MANAGEMENT STATEMENT Page A n6 5
CM-11D
PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT CASE NUMBER-
DEFENDANT’RESPONDENTI 19CECG°°769
KINGS RIVER WATER ASSOCIATION, ct aL
17.Economic litigation
a.
E This is civil case (i.e., the amount demanded is $25,000
a limited
Procedure sections 90-98 will apply to this case.
of Civil
or less)and the economic procedures
litigation inCode
b.
D This isa limited
discovery will
case and a motion to withdraw the case from the economic litigation procedures or for additional
civil
be filed (if checked, explain specifica/Iy why economic litigation procedures relating to discove/y or trial
should not app/yto 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. The have met and conferred with all parties on all subjects required by rule 3.724 ofthe
party or parties CaliforniaRules
0f Court The parties will have met and conferred by the time of the CMC.
not, explain).'
(I'f
b.
D After meeting
(specify):
and conferring as required byrule3.724 ofthe California Rules of Court, the parties agree on the following
20. Totalnumber ofpages attached any): 3
(if
|am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute tesolution,
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 ofthe party where required
Date: September 1, 2021
Leonard C. Herr ’
(TYPE ORPRNT NAME) (SIGNATURE DF PAR'Y DR ATTORNEY)
7
(TYPEOR PRNT NAME)
>
(SIGNATURE OF PARTV OR ATTORNEY)
77
E Additional signatures are attached.
53mm
°”""‘°[REV 202”
1'
CASE MANAGEMENT STATEMENT Page5 of 5
pROOF 0F SERVICE
C.C.P. §§ 1011, 1013, and 1010.6
STATE OF CALIFORNIA, COUNTY OF TULARE
I am, and was at the time of the service hereinafter mentioned, over the age of 18
years and not a party to the above—entitled cause. My business address is 100 Willow Plaza,
Suite 300, Visalia, California. My email is ananefihpblawnet.
On September 1, 2021, I served the document(s) described as: CASE MANAGEMENT
STATEMENT on the interested parties in this action, as stated-below, by providing each a
true copy thereof as follows:
***SEE THE ATTACHED SERVICE LIST***
BY PERSONAL SERVICE:
I delivered such document(s) by hand to the office ofthe above-stated addressee.
BY MAIL:
I placed a true copy thereof enclosed in a sealed envelope for delivery and
addressed to the above—stated addressee. Iam readily familiar with the practice of
HERR PEDERSEN & BERGLUND LLP for the collection and processing of
correspondence for mailing with the United States Postal Service. In accordance
With the ordinary course of business, the above—mentjoned document(s) would have
been deposited with the United States Postal Service, with postage fully prepaid,
the same day on which they were placed for deposit. I am aware that on motion of
the party served, service is presumed invalid if postal cancellation date 0r postage
meter date is more than one day after the date of deposit for mailing an affidavit.
BY FACSIMILE:
I transmitted the above—stated document(s) addressed to the above-stated
addressee at the above—stated facsimile number. A transmission report was issued
by the sending facsimile machine, and the transmission was reported as complete
without error.
BY PDF TRANSMISSION:
I transmitted the above—stated document(s) via e-majl to the above—stated e—mail
address(es).
STATE:
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
FEDERAL:
I declare that I am employed in the office of a member 0f the bar in this Court at
Whose direction service was made. I declare under penalty of peljury under the
laws of the State of California that the foregoing is true and correct.
WJW
Executed on September 1, 2021, at Visalia, Tulare County, California.
V ALMA Y. NAfiE
SERVICE LIST
James Irrigation District v. Kings River Water Association, et a1.
Fresno County Superior Court
Case Number: 19CECGOO769
Ryan S. Bezerra, Esq.
BARTKIEWICZ KRONICK 85 SHANAHAN
A Professional Corporation
101 1 Twenty—Second Street
Sacramento, CA 958 16-4907
Facsimile: (9 16) 446-4018
rsb@bkslawfirm.com; bnb@bkslawfirm.com; mse@bkslawfirm.com; hii@bkslawfirm.com;
Christopher S. Hall, Esq.
Benjamin T. Nicholson, Esq.
MCCORMICK BARSTOW LLP
P.O. Box 28912
Fresno, CA 93729—8912
Facsimile: (559) 433-2300
Chri stopher. hall@mccormickbarstow. corn; ben.micholson@mccormickb arstow. com;
debbie .dodd@mccormickbarstow. corn; patricia.mataaDmccormickbarstow. com;
Inarv.ramirezébmccormickbarstow.com;
Attorneys for Plaintifj: JAMES IRRIGA TION DISTRICT
Joseph D. Hughes, Esq.
KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
4550 California Avenue, Second Floor
Bakersfield, CA 93309
Facsimile: (66 1) 326—0418
ihugheséDkleinlawcom; ikomafikleinlaw.com; shayes@kleinlaw.com;
Attorneys for Defendant, KINGS RIVER WATER ASSOCMTION and STEVE HA UGEN
Kenneth J. Richardson, Esq.
PELTZER 8:.RICHARDSON LAW CORPORATION
3746 W. Mineral King Avenue
Visalja, CA 93291
Facsimile: (559) 553-6221
krichardson@prlawcorp.com; vacostaéflprlawcorncom; iservin@prlawcorp.com;
Attorney for Defendants,
LAST CHANCE WATER DITCH COMPANY, and
PEOPLES DITCH COMPANY
Aubrey A. Mauritson, Esq.
RUDDELL, STANTON,
BIXLER, MAURITSON 85 EVANS LLP
1 102 North Chinowth Street
Visalia, CA 93291
Facsimile: (559) 733-4922
amauritsonavvisalialawcom; ifox@visalia1aW£om; ddesantos(c?xvisalialaw.com;
Attorney for Defendants,
TULARE LAKE BASIN WATER STORAGE DISTRICT,
TULARE LAKE CANAL COMPANY,
SOUTHEAST LAKE WATER COMPANY,
LEMOORE CANAL 85 IRRIGATION COMPANY,
CORCORAN IRRIGA TION COMPANY,
CRESCENT CANAL COMPANY,
REED DITCH COMPANY, and LOVELACE WA TER
CORPORATION (fka CIRCLE “L” FARMS}
Michael N. Nordstrom, Esq.
LAW OFFICES OF MICHAEL N. NORDSTROM
222 W. Lacey Boulevard
Hanford, CA 93230
Facsimile: (559) 584—3 132
nordlaflnordstromS .com;
Attorney for Defendants,
BURRELL DITCH COMPANY, LIBERTY CANAL
COMPANY, LIBERTY MILL RACE COMPANY, UPPER
SAN JOSE WATER COMPANY, EMPIRE WEST
SIDE IRRIGATION DISTRICT, STINSON CANAL &
IRRIGATION COMPANY, and LAGUNA IRRIGATION
DISTRICT
David W. Kahn, Esq.
KAHN SOARES 85 CONWAY, LLP
219 N. Douty Street
Hanford, CA 93230
Facsimile: (559) 584-3348
dkahn@kschanford.com; rkeener@kschanford.com;
Attorney for Defendants,
STRATFORD IRRIGATION DISTRICT and
RIVERDALE IRRIGA TION DISTRICT
Marshall C. Whitney, Esq.
WHITNEY, THOMPSON 85 JEFFCOACH LLP
970 W. Alluvial Ave.
Fresno, CA 93711
Facsimile: (559) 753—2560
mwhitnev@wtilaw.com; wiackson@wtilaw.com; dmcteer@wtilaw.com; rnewt0n@wtilaw.com;
Attorney for TULARE LAKE RECLAIMATION DISTRICT NO. 761 (aka Cohn Central Consolidated
District No. 761)
Joseph Marchini, Esq.
Lauren D. Layne, Esq.
BAKER, MANOCK 8a JENSEN, PC
5260 N. Palm Avenue, Suite 421
Fresno, CA 93704
Facsimile: (559) 42-5260
JMarChiniFGDbakermanocksom; LLavne@bakermanock.com; ilevxiisébbakermanockcom;
Attorneys for Defendant, Tranquillity Irrigation District
Ronnie Silva,
General Manager
Lcic 1 902@.yahoo com
.
JOHN HEINLEN MUTUAL WATER COMPANY
In Pro Per
Preview
CM-110 ATTORNEY OR PARTY \MTHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY Leonard C. Herr/ Rhea Ikemiya SBN: 081896 /267l36 HERR PEDERSEN & BERGLUND LLP 100 Willow Plaza, Suite 300 E-FILED 93291 Visalia, California 9/1/2021 11:07 AM TELEPHONE N0; (559)636-0200 FAX No. (Optional): Superior Court of California ADDRess E-MAIL County of Fresno ATTORNEY FOR (Nam Kings River Water Association & Steven Haugen By: Estela Alvarado, Deputy SUPERIOR COURT 0F CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS 1130 O Street MAILING ADDRESS.1130 0 Street CW AND Z‘PCWE' Fresno, 93721-2220 BRANCH NAME B.F. Sisk Courthouse PLAINTIFF/PETITIONERZJAMES IRRIGATION DISTRICT DEFENDANT/RESPONDENTIKINGS RIVER WATER ASSOCIATION, et a1. CASE MANAGEMENT STATEMENT (Check one): m UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is$25,000 CASE NumaER; exceeds $25,000) or less) 19CECG00769 A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: September 16, 2021 Timez3z30 p.m. Dept: 503 Div.: Room: Address of court (if from the address above): different Notice of Intent to Appear by Telephone. by (name): Leonard C. Herr INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): m 1. a— This Statement ‘5SmeifiEd by Daffy (Hamel KINGS RIVER WATER ASSOCIATION AND STEVEN HAUGEN 2. b. D This statement issubmittedjointly by parties (names): Complaint and cross-complaint (tobe answered by plaintiffs and cross-comp/ainantsonly) a, The complaint was filed on (date): 3 b. E Service The cross—complaint. ifany,was filed on (date): be answered by plaintiffs and cross—ccmplainants a. b. E E (to The named All parties in named following parties in only) the complaint and cross-complaint have been served, the complaint or cross-complaint have appeared, or have been dismissed. (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specifl/ names): c, E The they may be served): may be added following additional parties (specifynames, nature ofinvolvement in case,and date by which Description of case E 4. a. Type of case in com plaint cross-complaint (Describe, including causes of action); Verified complaint for breach 0f contract, breach of covenant of good faith and fair dealing, breach of fiduciary duty, declaratory relief, and imposition of physical solution against KRWA, its Water Master, and member units. Page1of5 Form Adopted Mandatory Use far qualWorma JudlcialCouncvl CASE MANAGEMEN T STATEM EN T Cal Rules of Court rules ' 3.7503,:0 CM-1 1 O [Rem September 1‘ 2021] WWW COL] S, V Wfilthoc A Buidr Fonn CM-110 PLAINT{FF/PETJTIONER: JAMES IRRIGATION DISTRICT CASE NUMBER. DEFENDANT’RESPONDENTi KINGS RIVER WATER ASSOCIATION, a 19CECGOO769 a1, 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the inju/y 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. Ifequitable relief is sought, describe the nature ofthe relief) James Plaintiff, Irrigation District ("JID") alleges Defendants Kings River Water Association, its Water Master, Defendant Steven Haugen, and Lower River Units (collectively‘ "Dcfcndants") broached the 1963 Imra-Association Agreement ("Agreement") for water years 2016-2017 by applying a mclhod m calculate JlD‘s compensation for conveyance losses contrary to the Agreement. JID alleges to have bccn damaged by this. Defendants deny these allegations. 5. E (Ifmore space Jury or nonjury is trial needed, check thisbox and attach a page designated as Attachment 4b.) The party or parties request requesting a jury trial): a juw trial D a nonjurytrial.(Ifmore than one party,provide the name of each party 6. Trial date a. b. E m The No trial has been set trial for (date): date has been set. This casewillbe ready for within trial 12 months of the dateofihe ofthe complaint filing (if not, explain): c. Dates on which parties or attorneys willnot be available for (specify dates trial and explain reasons for unavailability): 2021- Oct. 18-29; Nov. 1-22, 29-30; Dec. 1-6; 2022- Jan. 10—31; Feb.1—16, 28; Mar. 1—14; April 11-18;May 9-31; June l- 20; 27-29; July 1-7;Aug. 22-31; Sep. 1-6, 12-19; Oct. 24—3 1; NOVA1-8; Dec.12-27; 2023- Jan. 17-24 7 Estimated length of trial The party or parties estimate thatthe take {check one): trial will a. days (specify number): 8 days bv E hours (short causes) (specify): 8. Trialrepresentation be answered foreach m (to party) The a, party or parties Attorney: willbe represented at trial by the attorney or party listed inthe caption E by the following: b. Firm: c, Address: d. Telephone number: f. Fax number: e. E—mailaddress: Partyrepresented: E g. Additional representationisdescribed in Attachment B. 9. Preference E This case 10. Alternative is preference (specify code section): entitled to 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 3.221ofthe California Rules of Court for information about the processes available through the court and community programs case. in this (1) For parties represented by counsel: Counsel m has E 3.221 to the client and reviewed ADR options with the has not provided the ADR information package identified (2) in rule D For seIf-represented parties: Party has E has not client. reviewed the ADR information package identified in rule3.221 b. (1)E Referral tojudicial arbitration or civil action mediation This matter is available). (if Code of Civil Procedure section subject to mandatory judicial arbitration under mediation under Code of Civil 1141.11 or to civil action Procedure section 1775.3 because the amount in controversy does not exceed the (2)E statutorylimit. case to Plaintiff elects to refer this CivilProcedure section 1141.11. and agrees judicial arbitration amount to limit recovery to the specified inCode of (3)EThis case isexempt from under rule 3,811 of the California Rules of Court or from judicial arbitration action civil mediation under Code Procedure section 1775 et seq. of Civil (specify exemption): CM“ R“ Sep'me' " 2°21] CASE MANAGEMENT STATEMENT Pagezol 5 CM-110 PLAINTIFF/PETITIONER:JAMES IRRIGATION DISTRICT CASE NUMBER. DEFENDANT/RESPONDENT-'KINGS 19CECGOO769 RIVER WATER ASSOCIATION, et a1. 10. c.Indicate theADR process or processes that the party or patties are willing to participate in,have agreed to participate or in, have already participated in (check all (hat apply and provide the specified information): The party or parties completing Ifthe patty or parties completing this form in the case have agreed to thisform are willing to have already completed an ADR process or processes, participate in or participate in the following ADRindicate the status of the processes (attach a copy ofthe pam'es’ADR processes {check all that apply): stipulation): m E Mediation session not yet scheduled (1)Mediation m C] Mediation session scheduled for Agreed tocomplete mediation by (date): (date); E Mediation completed on (date): Settlement conference not yet scheduled (2)Settlement conference EX] E E Settlement conference scheduled for(date): Agreed to complete settlement conference by(date).' E Setflement conference com pleted on (date); E E Neutral evaluationnot yet scheduled (3) Neutral evaluation E El Neutral evaluation scheduled for Agreed to (dare): complete neutral evaluation by(date); E Neutral evaluation completed on (date): E E Judicial not arbitration yetscheduled (4) Nonbindingjudicial I: scheduled Judicial arbitration for (date): arbitration E E Agreed tocomplete judicial arbitration completed on Judicial arbitration by (date): (date): (5)Binding private |:| E E Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration E Agreed tocomplete private arbitration by (date): E Private arbitration completed on(date): E E ADR session not yet scheduled (6)Other (specify): E E ADR Agreed session scheduled for tocomplete ADR (date): session by (dare): E ADR completed on (date): CM” Re“ Wm” 2°21] 1' Page CASE MANAGEMENT STATEMENT 3 a! 5 CM-110 PLAINTIFF/PETITJONER: JAMES IRRIGATION DISTRICT CASE NUMBER DEFENDANT/RESPONDENT:KINGS RIVER WATER ASSOCIATION, 6t 3L 19CECG00769 11. Insurance a- E Insurance carrier, any, for party statement (name): filing this D if b. c. Reservation of E rights: Coverage issues Yes E No resolution of this case will significantly affect (explain); 12. Jurisdiction may Indicate any matters that affect the court's jurisdiction or processing ofthis E Bankruptcy Status: E Other (specify): case and describe the status. 13.Related cases, consolidation, and coordination a. 1:] There are companion, underlying,or related cases. (1) Name of case: (2) Name ofcourt: (3) Case number: (4) Status: E Additional cases are described inAttachment 132. b‘ E A mofion to E consolidate E coordinate willbefiledby (name party): 14. Bifu rcation D The party or parties intend to file a motion for moving pany, action (specify type of motion, an order bifurcating, severing, or coordinating the following issues or and reasons): causes of 15. Other motions The party or parties expect to file the following motions before trial(specifymoving party: type of molion, andissues). ‘ 16. Discovery a, b. E The The have completed party or parties following discoverywili alldiscovery. be completed by the date specified (describe allanticipated discovery): Parfityfi Descrigtion Date KRWA and Steven Haugen A11 fact and expen discovery Per C.C.P‘ c. E The following discovery issues, including issues regarding the discovery of electronically stored information, anticipated (specify): are m“ IR“ SeP‘WI’” " 2°21] CASE MANAGEMENT STATEMENT Page A n6 5 CM-11D PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT CASE NUMBER- DEFENDANT’RESPONDENTI 19CECG°°769 KINGS RIVER WATER ASSOCIATION, ct aL 17.Economic litigation a. E This is civil case (i.e., the amount demanded is $25,000 a limited Procedure sections 90-98 will apply to this case. of Civil or less)and the economic procedures litigation inCode b. D This isa limited discovery will case and a motion to withdraw the case from the economic litigation procedures or for additional civil be filed (if checked, explain specifica/Iy why economic litigation procedures relating to discove/y or trial should not app/yto 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. The have met and conferred with all parties on all subjects required by rule 3.724 ofthe party or parties CaliforniaRules 0f Court The parties will have met and conferred by the time of the CMC. not, explain).' (I'f b. D After meeting (specify): and conferring as required byrule3.724 ofthe California Rules of Court, the parties agree on the following 20. Totalnumber ofpages attached any): 3 (if |am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute tesolution, 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 ofthe party where required Date: September 1, 2021 Leonard C. Herr ’ (TYPE ORPRNT NAME) (SIGNATURE DF PAR'Y DR ATTORNEY) 7 (TYPEOR PRNT NAME) > (SIGNATURE OF PARTV OR ATTORNEY) 77 E Additional signatures are attached. 53mm °”""‘°[REV 202” 1' CASE MANAGEMENT STATEMENT Page5 of 5 pROOF 0F SERVICE C.C.P. §§ 1011, 1013, and 1010.6 STATE OF CALIFORNIA, COUNTY OF TULARE I am, and was at the time of the service hereinafter mentioned, over the age of 18 years and not a party to the above—entitled cause. My business address is 100 Willow Plaza, Suite 300, Visalia, California. My email is ananefihpblawnet. On September 1, 2021, I served the document(s) described as: CASE MANAGEMENT STATEMENT on the interested parties in this action, as stated-below, by providing each a true copy thereof as follows: ***SEE THE ATTACHED SERVICE LIST*** BY PERSONAL SERVICE: I delivered such document(s) by hand to the office ofthe above-stated addressee. BY MAIL: I placed a true copy thereof enclosed in a sealed envelope for delivery and addressed to the above—stated addressee. Iam readily familiar with the practice of HERR PEDERSEN & BERGLUND LLP for the collection and processing of correspondence for mailing with the United States Postal Service. In accordance With the ordinary course of business, the above—mentjoned document(s) would have been deposited with the United States Postal Service, with postage fully prepaid, the same day on which they were placed for deposit. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after the date of deposit for mailing an affidavit. BY FACSIMILE: I transmitted the above—stated document(s) addressed to the above-stated addressee at the above—stated facsimile number. A transmission report was issued by the sending facsimile machine, and the transmission was reported as complete without error. BY PDF TRANSMISSION: I transmitted the above—stated document(s) via e-majl to the above—stated e—mail address(es). STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. FEDERAL: I declare that I am employed in the office of a member 0f the bar in this Court at Whose direction service was made. I declare under penalty of peljury under the laws of the State of California that the foregoing is true and correct. WJW Executed on September 1, 2021, at Visalia, Tulare County, California. V ALMA Y. NAfiE SERVICE LIST James Irrigation District v. Kings River Water Association, et a1. Fresno County Superior Court Case Number: 19CECGOO769 Ryan S. Bezerra, Esq. BARTKIEWICZ KRONICK 85 SHANAHAN A Professional Corporation 101 1 Twenty—Second Street Sacramento, CA 958 16-4907 Facsimile: (9 16) 446-4018 rsb@bkslawfirm.com; bnb@bkslawfirm.com; mse@bkslawfirm.com; hii@bkslawfirm.com; Christopher S. Hall, Esq. Benjamin T. Nicholson, Esq. MCCORMICK BARSTOW LLP P.O. Box 28912 Fresno, CA 93729—8912 Facsimile: (559) 433-2300 Chri stopher. hall@mccormickbarstow. corn; ben.micholson@mccormickb arstow. com; debbie .dodd@mccormickbarstow. corn; patricia.mataaDmccormickbarstow. com; Inarv.ramirezébmccormickbarstow.com; Attorneys for Plaintifj: JAMES IRRIGA TION DISTRICT Joseph D. Hughes, Esq. KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 4550 California Avenue, Second Floor Bakersfield, CA 93309 Facsimile: (66 1) 326—0418 ihugheséDkleinlawcom; ikomafikleinlaw.com; shayes@kleinlaw.com; Attorneys for Defendant, KINGS RIVER WATER ASSOCMTION and STEVE HA UGEN Kenneth J. Richardson, Esq. PELTZER 8:.RICHARDSON LAW CORPORATION 3746 W. Mineral King Avenue Visalja, CA 93291 Facsimile: (559) 553-6221 krichardson@prlawcorp.com; vacostaéflprlawcorncom; iservin@prlawcorp.com; Attorney for Defendants, LAST CHANCE WATER DITCH COMPANY, and PEOPLES DITCH COMPANY Aubrey A. Mauritson, Esq. RUDDELL, STANTON, BIXLER, MAURITSON 85 EVANS LLP 1 102 North Chinowth Street Visalia, CA 93291 Facsimile: (559) 733-4922 amauritsonavvisalialawcom; ifox@visalia1aW£om; ddesantos(c?xvisalialaw.com; Attorney for Defendants, TULARE LAKE BASIN WATER STORAGE DISTRICT, TULARE LAKE CANAL COMPANY, SOUTHEAST LAKE WATER COMPANY, LEMOORE CANAL 85 IRRIGATION COMPANY, CORCORAN IRRIGA TION COMPANY, CRESCENT CANAL COMPANY, REED DITCH COMPANY, and LOVELACE WA TER CORPORATION (fka CIRCLE “L” FARMS} Michael N. Nordstrom, Esq. LAW OFFICES OF MICHAEL N. NORDSTROM 222 W. Lacey Boulevard Hanford, CA 93230 Facsimile: (559) 584—3 132 nordlaflnordstromS .com; Attorney for Defendants, BURRELL DITCH COMPANY, LIBERTY CANAL COMPANY, LIBERTY MILL RACE COMPANY, UPPER SAN JOSE WATER COMPANY, EMPIRE WEST SIDE IRRIGATION DISTRICT, STINSON CANAL & IRRIGATION COMPANY, and LAGUNA IRRIGATION DISTRICT David W. Kahn, Esq. KAHN SOARES 85 CONWAY, LLP 219 N. Douty Street Hanford, CA 93230 Facsimile: (559) 584-3348 dkahn@kschanford.com; rkeener@kschanford.com; Attorney for Defendants, STRATFORD IRRIGATION DISTRICT and RIVERDALE IRRIGA TION DISTRICT Marshall C. Whitney, Esq. WHITNEY, THOMPSON 85 JEFFCOACH LLP 970 W. Alluvial Ave. Fresno, CA 93711 Facsimile: (559) 753—2560 mwhitnev@wtilaw.com; wiackson@wtilaw.com; dmcteer@wtilaw.com; rnewt0n@wtilaw.com; Attorney for TULARE LAKE RECLAIMATION DISTRICT NO. 761 (aka Cohn Central Consolidated District No. 761) Joseph Marchini, Esq. Lauren D. Layne, Esq. BAKER, MANOCK 8a JENSEN, PC 5260 N. Palm Avenue, Suite 421 Fresno, CA 93704 Facsimile: (559) 42-5260 JMarChiniFGDbakermanocksom; LLavne@bakermanock.com; ilevxiisébbakermanockcom; Attorneys for Defendant, Tranquillity Irrigation District Ronnie Silva, General Manager Lcic 1 902@.yahoo com . JOHN HEINLEN MUTUAL WATER COMPANY In Pro Per