On May 07, 2019 a
Order
was filed
involving a dispute between
Bertrand, David G,
Churchill-Johnson, Dorothy,
and
Berry, Jessica,
for Unlimited Defamation (13)
in the District Court of Santa Barbara County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA F‘D’WC‘E’RE’SSMY
STREET ADDRESS: 1100 Anacapa Street SUPERIOR COURT of CALIEORNIA
cm AND ZIP cone; Santa Barbara CA 93101 COUNTY OF SANTA BARbAAA
BRANCH NAME: Anacapa
DEC 1 6 2019
CAPTION?
E. P I. EX “mm9 W
David G Bertrand et al vs Jessica Ber’3'
,
3y
fin”
CASE NUMBER:
4
:
CASE MANAGEMENT CONFERENCE ORDER 19cvoz429
A case management conference was conducted in this case on 12/16/2019 before the undersigned judge. At
the conclusion of the conference, THE COURT ORDERED THE FOLLOWING:
(Only checked boxes apply)
1. I] The Court finds that this case is not ready for trialsetting at this time and sets this case for another
Case Management Conference on at 8:30 am. in this department.
2. [:1 The Court sets this case for a hearing on an Order to Show Cause on at 8:30 am.
in this department on why the Court should not dismiss the case for failure to timely file a Case Management
Conference Statement, timely serve the defendants, appear at the conference and/or pay sanctions imposed
by the Court.
3. [I All parties necessary to the disposition of the case have been served and any un-served parties are
hereby dismissed.
4. I] The Court finds that the amount in controversy in this case is under $50,000. The parties will be
assigned a Mediator by the CADRe director and are ordered to complete a CADRe Limited Mediation, at no
charg-eyhe parties, no later than
5. The Court finds that the amount in controversy in this case is over $50,000. The parties are ordered to
attend a further case management orientation and early settlement session (CMADRESS) with a court-
approved Special Master/ Mediator appointed by the CADRe director. There will be no fees charged by the
assigned Special Master/ Mediator for the required attendance time at this conference which will be at
least 90 minutes and no more than 2 hours, at the option of the Special Master/Mediator. Following the
conference, the parties may elect to continue additional mediation with the Special Master by making
separate arrangements for additional time at the Mediator’s private rates.
The parties are charged with the responsibility of setting up the orientation session, which must be held within
ninety days of the date of this order.
Ifthe parties need additional time to hold the CMADRESS session, they should present to the Mandatory
Settlement Conference Judge a stipulation setting forth good cause for the continuance.
6. E] The parties hereby stipulate that they have already voluntarily agreed to mediate this case with
and the mediation process will be completed by
7. E] To confirm that the CADRe Limited Mediation, CMADRESS or the stipulated private mediation session
was held, an Order to Show Cause hearing will be held at the time of the Mandatory Settlement Conference
to determine whether sanctions should be imposed on either or both parties for failure to attend or participate
in these programs. The parties Should file with the Court a notice that the session was held as required by this
order to avoid the OSC hearing.
Attendance at the orientation session and all other mediation sessions shall be governed by
California Rules of Court, Rule 3.894 and Local Rule 1102(f).
SC-2010 [Rev. 2/5/2015] CASE MANAGEMENT CONFERENCE ORDER Cal. Rules of Court, Rules 3.728.
3.894
Local Rule 1102(f)
Name of case: Case Number
David G Bertrand et al vs Jessica Berry 190V02429
8. [Emma must timely file any law and motion matters so that these motions may be heard prior to the
Mandatory Settlement Conference. All depositions of non-expert witnesses must be completed by the date
set for the Mandatory Settlement Conference. All interrogatories and document production discovery must be
completed prior to the Mandatory Settlement Conference. Any defense medical examination of the plaintiff
and the report and/or deposition of the defense examining physician, and the identity of experts must be
disclosed
9.
Settlement
or
prior to the Mandatory Settlement Conference.
D/A/Mandatory
sanctions
conference
will be
Settlement Conference
statements
imposed.
are to
ALL
is set for 8:30 am.
be filed
PARTIES
by each
NECESSARY
party
on
at
TO
Z
least
—
Id
5
EFFECT
‘4? O
court
A
days
inDEPARTMENT
prior to
SETTLEMENT
the
i.
conference
MUST BE
PRESENT AT THIS CONFERENCE.
10. This case is set for trial on Pei/v.2 o at // .90
-‘
@pm. in this department.
11. [3/ N J A request(s) a jury trial. All other parties waive a jury trial.Estimated time
for trialis .‘frz days.
Plaintiff TrialCounsel will be
Defense Trial Counsel will be
Other Trial Counsel will be
12. C] All dates are vacated, case is CLOSED and DISMISSED as to allparties.
13. El Counsel for is ordered to pay $100 within 3 court days or shall appear for a hearing
on an Order to Show Cause on in Department at a.m.lp.m. why
sanctions, monetary or otherwise, should not be imposed for failure to file a timely Case Management
Statement or for Failure to Serve the Complaint within 60 days. Plaintiff‘s counsel shall file proof of personal
service of this OSC on allparties before the hearing.
14. I] Counsel for shall pay $250 within 3 court days or appear for a hearing on an
Order to Show Cause on in Department at a.m.lp.m. why sanctions,
monetary or otherwise, should not be imposed for Failure to Appear at this Case Management Conference.
Plaintiff’s counsel shall file proof of personal service of this OSC on all parties before the hearing.
15. El Any non-compliance with any of these orders will subject the non-complying party and/or attorney to
sanctions.
16. E] The Court, after conducting the OSC hearing previously set for this date re sanctions, including
dismissal of the entire case for repeated failures to appear, to pay sanctions, file a final judgment or to effect
service on the defendants, hereby dismisses the case in its entirety.
17. I] Plaintiff attorney will serve a copy of this order on allother parties.
18. I] Other orders:
Dated: 12/16/2019
65%“
Honorable Colleen K Sterne
Judge of the Superior Court
SC~2010 [Rev. 2/5/2015] CASE MANAGEMENT CONFERENCE ORDER Cal. Rules of Court. Rules 3.728.
3.894
Local Rule 1102(f)
Document Filed Date
December 16, 2019
Case Filing Date
May 07, 2019
Category
Unlimited Defamation (13)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA F‘D’WC‘E’RE’SSMY STREET ADDRESS: 1100 Anacapa Street SUPERIOR COURT of CALIEORNIA cm AND ZIP cone; Santa Barbara CA 93101 COUNTY OF SANTA BARbAAA BRANCH NAME: Anacapa DEC 1 6 2019 CAPTION? E. P I. EX “mm9 W David G Bertrand et al vs Jessica Ber’3' , 3y fin” CASE NUMBER: 4 : CASE MANAGEMENT CONFERENCE ORDER 19cvoz429 A case management conference was conducted in this case on 12/16/2019 before the undersigned judge. At the conclusion of the conference, THE COURT ORDERED THE FOLLOWING: (Only checked boxes apply) 1. I] The Court finds that this case is not ready for trialsetting at this time and sets this case for another Case Management Conference on at 8:30 am. in this department. 2. [:1 The Court sets this case for a hearing on an Order to Show Cause on at 8:30 am. in this department on why the Court should not dismiss the case for failure to timely file a Case Management Conference Statement, timely serve the defendants, appear at the conference and/or pay sanctions imposed by the Court. 3. [I All parties necessary to the disposition of the case have been served and any un-served parties are hereby dismissed. 4. I] The Court finds that the amount in controversy in this case is under $50,000. The parties will be assigned a Mediator by the CADRe director and are ordered to complete a CADRe Limited Mediation, at no charg-eyhe parties, no later than 5. The Court finds that the amount in controversy in this case is over $50,000. The parties are ordered to attend a further case management orientation and early settlement session (CMADRESS) with a court- approved Special Master/ Mediator appointed by the CADRe director. There will be no fees charged by the assigned Special Master/ Mediator for the required attendance time at this conference which will be at least 90 minutes and no more than 2 hours, at the option of the Special Master/Mediator. Following the conference, the parties may elect to continue additional mediation with the Special Master by making separate arrangements for additional time at the Mediator’s private rates. The parties are charged with the responsibility of setting up the orientation session, which must be held within ninety days of the date of this order. Ifthe parties need additional time to hold the CMADRESS session, they should present to the Mandatory Settlement Conference Judge a stipulation setting forth good cause for the continuance. 6. E] The parties hereby stipulate that they have already voluntarily agreed to mediate this case with and the mediation process will be completed by 7. E] To confirm that the CADRe Limited Mediation, CMADRESS or the stipulated private mediation session was held, an Order to Show Cause hearing will be held at the time of the Mandatory Settlement Conference to determine whether sanctions should be imposed on either or both parties for failure to attend or participate in these programs. The parties Should file with the Court a notice that the session was held as required by this order to avoid the OSC hearing. Attendance at the orientation session and all other mediation sessions shall be governed by California Rules of Court, Rule 3.894 and Local Rule 1102(f). SC-2010 [Rev. 2/5/2015] CASE MANAGEMENT CONFERENCE ORDER Cal. Rules of Court, Rules 3.728. 3.894 Local Rule 1102(f) Name of case: Case Number David G Bertrand et al vs Jessica Berry 190V02429 8. [Emma must timely file any law and motion matters so that these motions may be heard prior to the Mandatory Settlement Conference. All depositions of non-expert witnesses must be completed by the date set for the Mandatory Settlement Conference. All interrogatories and document production discovery must be completed prior to the Mandatory Settlement Conference. Any defense medical examination of the plaintiff and the report and/or deposition of the defense examining physician, and the identity of experts must be disclosed 9. Settlement or prior to the Mandatory Settlement Conference. D/A/Mandatory sanctions conference will be Settlement Conference statements imposed. are to ALL is set for 8:30 am. be filed PARTIES by each NECESSARY party on at TO Z least — Id 5 EFFECT ‘4? O court A days inDEPARTMENT prior to SETTLEMENT the i. conference MUST BE PRESENT AT THIS CONFERENCE. 10. This case is set for trial on Pei/v.2 o at // .90 -‘ @pm. in this department. 11. [3/ N J A request(s) a jury trial. All other parties waive a jury trial.Estimated time for trialis .‘frz days. Plaintiff TrialCounsel will be Defense Trial Counsel will be Other Trial Counsel will be 12. C] All dates are vacated, case is CLOSED and DISMISSED as to allparties. 13. El Counsel for is ordered to pay $100 within 3 court days or shall appear for a hearing on an Order to Show Cause on in Department at a.m.lp.m. why sanctions, monetary or otherwise, should not be imposed for failure to file a timely Case Management Statement or for Failure to Serve the Complaint within 60 days. Plaintiff‘s counsel shall file proof of personal service of this OSC on allparties before the hearing. 14. I] Counsel for shall pay $250 within 3 court days or appear for a hearing on an Order to Show Cause on in Department at a.m.lp.m. why sanctions, monetary or otherwise, should not be imposed for Failure to Appear at this Case Management Conference. Plaintiff’s counsel shall file proof of personal service of this OSC on all parties before the hearing. 15. El Any non-compliance with any of these orders will subject the non-complying party and/or attorney to sanctions. 16. E] The Court, after conducting the OSC hearing previously set for this date re sanctions, including dismissal of the entire case for repeated failures to appear, to pay sanctions, file a final judgment or to effect service on the defendants, hereby dismisses the case in its entirety. 17. I] Plaintiff attorney will serve a copy of this order on allother parties. 18. I] Other orders: Dated: 12/16/2019 65%“ Honorable Colleen K Sterne Judge of the Superior Court SC~2010 [Rev. 2/5/2015] CASE MANAGEMENT CONFERENCE ORDER Cal. Rules of Court. Rules 3.728. 3.894 Local Rule 1102(f)