Preview
CM-1 1O
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, and address):
State Bar number, FOR COURT USE ONLY
James D. Curran, Esq. SBN 126586
David F. Myers, Es . SBN 185102
WOLKIN CURRA ,
LLP
111 Maiden Lane, Sixth Floor
San Francisco, CA 94108
TELEPHONE No.: (415) 982-9390 15) 982-4328
FAX N0. (op tional). F I L E B
e-MNL ADDRESS jcurran@wolkincurran.com;
(Optional): dmyers gwolkincurran. com SAN MATEO CQUNTV
ATrORNEY FOR Defendant and Cross-Coleainant American Technologies,
(Namegz Inc.
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO -
JAN 0 8 2020
STREET ADDRESS:400 County Center
MAILING ADDRESS:
Redwood City, CA
cm AND ZIP cone: 94063
BRANCH NAME:Civic Center Courthouse
PLAINTIFF/PETITIONER: MARK MIGDAL, et a1.
DEFENDANT/RESPONDENT: AMCO INSURANCE COMPANY, ct al.
“SE ”UMBER
CASE MANAGEMENT STATEMENT
(Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is$25,000
19CIV05455
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: January 23, 2020 Time: 9:00 a.m. Dept; Div.: Room:
'
Address of court different
(if from the address above):
Notice of Intent to Appear by Telephone, by (name): David F. Myers
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
This statement submitted by party (name):Defendant and Cross-Complainant, American Technologies, Inc.
a.
b. E This statement
is
issubmitted jointly by parties (names):
(1 9— GIV 05455
CMS
statement
Case dManagement
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): September 17, 2019
b. The cross-complaint, any,
if was filed on (date):November 15, 2019 ‘IL‘T
MN“! \\l\\\\\\\l\\\\l\\|\\|\\
be
3‘
a.
b.
a
- The
named
All parties in the complaint and cross-complaint have been served
following partiesnamed Inthe complaint or cross-complaint
have appeared or have been dismissed.
(1) - have not been sewed (specify names and explain why not): Protera, Inc. - service is in process, but
(2) E not yet completed.
have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. E The
they may be served):
may be added
following additional parties (specifynames, nature of involvement incase, and date by which
4. Description of case .
a. Type of case in complaint cross-complaint (Describe, includingcauses of action):
Plaintiffs' Complaint alleges defective construction work against Amco Insurance Company ("Amco") and ~
American Technologiw, Inc. ("ATI"). ATI's Cross—Complaint alleges indemnity.
Page1of 5
Use
Form Ado led for Mandato Cal. Rules of Court.
of Califorrynia
Judicialanuncil CASE MANAGEMENT STATEMENT ‘9 Fa]
rules 3.720—3.730
CM-110 [Rem July
1.2011] 30% Sing
.US
ORIGINAL
CM-1 10
PLAINTIFF/PEHTIONER: MARK MIGDAL, et a1. cAssnumaea:
19CN05455
'bEFENDANT/RESPONDENT: AMCO INSURANCE COMPANY, et a1.
4. b. Provide a brief statement of the case, including any damages. (prersonal 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.)
As a recent entrant t0 the case, ATI has no yet conducted discovery and isunaware of the alleged damages by
Plaintiffs or the basis therefore.
D more space
(If isneeded, check thisbox and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request
requesting a jury
trial):
E a jurytrial a nonjurytn'al. name
(Ifmore than one party, provide the of each party
6.
a.
b.
E
Trialdate
Thetrial has
No
been setfor (date):
date has been set. This case
trial willbe ready for within 12
trial months of the date of the filing of the complaint
(if
not, explain):
c. Dates on which parties or attorneyswill and explain reasons
not be available for trial (specify dates for unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
days (special number): Three
a.
b. D hours (short causes) (specify):
8. Trialrepresentation (tobe answered for each party)
The party or parties
willbe represented at trial by the attorney or party the caption
listed in 3
1
by thefollowing:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
9.
E
e. E-mail address:
Additional representation
Preference
is described inAttachment 8.
g. Party represented:
This case to preference (specifi/
is entitled 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 case.
in this
(1) For parties represented by counsel: Counsel has E
3.221 to the client and reviewed ADR options with the
in rule
has not
client.
provided the ADR information package identified
(2) E
For self—represented parties: Party has E has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbiiration or
civilaction mediation available).
(if
(1) E 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 1 775.3 because the amount in controversy does not exceed the
statutorylimit.
(2) D elects to refer this case to
Plaintiff
CivilProcedure section 1141 .1 1.
and agrees
judicial arbitration amount specified
to limit recovery to the inCode of
(3) This case isexempt from under
judicial arbitration rule 3.811 Rules of
of the California Court or fromcivilaction
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM—110 [Rem Page 2 of 5
July
1,2011]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: MARK MIGDAL, et al. CASE NUMBER:
19CIV05455
EEFENDANTIRESPONDENT: AMCO INSURANCE COMPANY, et a1.
10. c. ADR
Indicate the in,have agreed
process or processes that the party or parties are willing to participate to participate
in.or
have already participatedin (check all that apply and provide the specified information):
The party or parties completing in the case have agreed to
the party or parties completing this form
If
thisform are willingto have already completed an ADR process or processes.
participate in or
ADR
participate in the following indicate the status of the processes (attach a copy of the parties'ADR
processes (check aIIthat apply): stipulation):
Mediation session not yet scheduled
E Mediation session scheduled for (date):
(1)Mediation
E Agreed tocomplete mediation by (date):
Mediation completed on (date):
i
[:3 Settlement conference not yet scheduled
(2)Settlement
conference E E Settlement conference scheduled for (date):
«
.
a
iAgreed tocomplete settlement conference by (date).
E Settlement conference completed on (date):
Neutral evaluation not yet scheduled
E
!
(3) Neutral evaluation E E
Neutral evaluation scheduled for ( date ) :
Agreed tocomplete neutral evaluation by (date):
E Neutral evaluation completed on (date):
E scheduled
Judicial arbitration not yet
MW] E scheduled
Judicaal arbitration for (date):
(4) Nonbinding
arbitration
judicial
D Agreed tocomplete judicialarbitrationby (date):
E completed on
Judicial arbitration (date):
E Private arbitration not yet scheduled
E Private arbitratmn scheduled for (date):
(5) Binding private
arbitration
E] E Agreed to complete privatearbitrationby (date):
E on
Private arbitration completed (date):
E ADR session not yet scheduled
(6) Other (specify): E D ADR session scheduled for (date):
C] Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-11o [Rem
July 2011] 0f 5
P399 3
1,
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: MARK MIGDAL, ct a1. CASE NUMBER:
“DEFENDANT/RESPONDENT: AMCO INSURANCE COMPANY, ct al. 190N05455
11. Insurance
a. E Insurance carrier,
Reservation of rights:
ifany. for party filing this statement (name):
E Yes E No
b.
c. E Coverage case
issues will significantly affect resolution of this (explain):
12. Jurisdiction
Indicateany matters thatmay case and describe the
affect the court‘s jurisdiction or processing of this status.
E Bankruptcy
Status:
E: Other (specitjl):
Related cases, consolidation, and coordination
13.
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
Status:
b.
D
E
(4)
Additional cases are described in Attachment 13a.
Amotion to E consolidate E coordinate willbe filed by (name party):
Bifurcation
14.
D Thé causes of
party or parties intend to file a motion for an order bifurcating. severing. or coordinating the following issues or
action (specifymoving party, type of motion, and reasons):
15. Other motions
The party or parties expect to file the following motions before
trial(specifymoving party, type of motion, and issues):
Motion for Summary Judgment/Summary Adjudication.
16.
a.
b.
E
Discovery
The
The
have completed
party or parties
following discoverywill
alldiscovery.
be completed by the date specified (describe anticipated discovery):
all
Pam Description Date
American Technologies, Inc. Written Discovery March, 2020
American Technologies, Inc. Depositions June, 2020
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (special):
Page 4 of 5
CM-1 10 [Rem
July 1. 201 1]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: MARK MIGDAL, et a1. cAse NUMBER:
TDEFENDANT/RESPONDENT: AMCO INSURANCE COMPANY, et a1.
19CIV05455
17. Economic litigation
a. iThis is a limited civil case (i.e.. the amount demanded is $25,000 or less) and the economic procedures
litigation inCode
of Civil Procedure sections 90-98 will apply to this case.
b. [:3 Thisis civil case and a motion to withdraw the case from the economic litigation procedures or for additional
a Iimited
discoverywillbe filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not applyto this case):
18. Other issues
L I
The be considered or determined
party or parties request that the following additional matters at thecase management
conference (specibl):
19. confer
Meet_a__nd
a. The party or parties havemet and conferred with allpartieson allsubjects required by rule 3.724 of the California Rules
of Coun (ifnot, explain):
ATI's counsel has not yet been contacted by counsel for the Plaintiffs.
b. After meeting and conferring as required byrule3.724 of the California Rules of Court. the parties agree on the following
(specify):
20. Total number of pages attached (ifany):
Iam completely familiar with this case and will be fuliy prepared to discuss the status of discovery and alternative dispute resolution.
as wellas other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date:
David
January 8,
F. Mvers
2020
(TYPE
(TYPE
OR PRINT NAME)
OR PRINT NAME)
’
>
7I
WQ
\V—‘B
WOLKIN CURRAN, LLP
n
PARTY OR ATTORNEY)
Counsel for Defendant and Cross—Complainant
American Technologies, Inc.
(SIGNATURE OF PARTY 0R ATTORNEY)
\
E: Additiona! signatures are attached.
Page 5 of 5
CM-11o [Rem
July
1.2011]
CASE MANAGEMENT STATEMENT
PROOF 0F SERVICE
I,Drew Storms, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to
the within entitled action. Iam employed at the law firm of WOLKIN -
CURRAN, LLP,
NOxUI-«PUJN
111 Maiden Lane, 6m Floor, San Francisco, California 94108.
On January 8, 2020, I servéfixthc attached/accompanying document(s):
1. CASE MANAGEMENT CONFERENCE STATEMENT OF
AMERICAN TECHNOLOGIES, INC.; and
2. COURTCALL CONFIRNIATION FOR 1/23 CASE MANAGEMENT
10 CONFERENCE
11 on the interested parties in said action, by placing a true copy thereof in a scaled
12 envelope(s) addressed as follows:
13 Steven M. Merger, Esq. Plaintiffs, MARK MIGDAL and
Gary A. Barrera, Esq. ANETTA KALK MIGD AL
14 WENDEL ROSEN LLP
1111 Broadway, 24th Floor
15 Oakland, CA 94607
16 Matthew J. Gluck, Esq. GRAND CENTURY SECURED
Plaintiff,
GLUCK DANIEL LLP INVESTMENT S ’
LLC
l7 1 Sansome Street, Suite 720
San Francisco, CA 94104
18
19 MlitlilnbEsq. Defendant, AMCO INSURANCE
321133ea , sq. CONIPANY
DENTONS US LLP
20 One Market Plaza, Spear Tower, 24th Floor
San Francisco, CA 94105
21
and served the named document in the manner(s) indicated below:
22
23
Y IWAIL: I named document(s)
placed true and correct copy(ies) of the above in sealed envelope(s) or
« package(s), with postage fully prepaid, addressed to the addressce(s) listed above or on the attached service
on
list
whom service isto bc made. I named documents document(s) by placing the envelope
served the above or package
24
I am readily familiar with this business’s
for collection and mailing following our ordinary business practices.
and processing correspondence
practice for collecting On thc same day that correspondence is placed
for mailing. for
25 The
collection and mailing, deposited in the ordinary course of business with the United States Postal Service.
it is
above-named document(s) being served by mail bore a notation of the date and place of mailing and a signed copy of
26 of mailing accompanied the above named document(s).
this affidavit or certificate
27 ///
28 /// ‘
‘
PROOF OF SERVICE CASE NO: 19CIV05455
Ideclare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that Iam employed in the office of a member of the bar of
this court at whose direction this service was made. Executed on January 8, 2020 at
San Francisco, California.
\OOO‘QQUl-bUJNt—t
NNNNNI—Iwb—Ip—‘i—Ip—AHr—AHp—a
N
PROOF OF SERVICE CASE NO: 19CIV05455
Preview
CM-1 1O ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, and address): State Bar number, FOR COURT USE ONLY James D. Curran, Esq. SBN 126586 David F. Myers, Es . SBN 185102 WOLKIN CURRA , LLP 111 Maiden Lane, Sixth Floor San Francisco, CA 94108 TELEPHONE No.: (415) 982-9390 15) 982-4328 FAX N0. (op tional). F I L E B e-MNL ADDRESS jcurran@wolkincurran.com; (Optional): dmyers gwolkincurran. com SAN MATEO CQUNTV ATrORNEY FOR Defendant and Cross-Coleainant American Technologies, (Namegz Inc. SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO - JAN 0 8 2020 STREET ADDRESS:400 County Center MAILING ADDRESS: Redwood City, CA cm AND ZIP cone: 94063 BRANCH NAME:Civic Center Courthouse PLAINTIFF/PETITIONER: MARK MIGDAL, et a1. DEFENDANT/RESPONDENT: AMCO INSURANCE COMPANY, ct al. “SE ”UMBER CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is$25,000 19CIV05455 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: January 23, 2020 Time: 9:00 a.m. Dept; Div.: Room: ' Address of court different (if from the address above): Notice of Intent to Appear by Telephone, by (name): David F. Myers INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): This statement submitted by party (name):Defendant and Cross-Complainant, American Technologies, Inc. a. b. E This statement is issubmitted jointly by parties (names): (1 9— GIV 05455 CMS statement Case dManagement 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): September 17, 2019 b. The cross-complaint, any, if was filed on (date):November 15, 2019 ‘IL‘T MN“! \\l\\\\\\\l\\\\l\\|\\|\\ be 3‘ a. b. a - The named All parties in the complaint and cross-complaint have been served following partiesnamed Inthe complaint or cross-complaint have appeared or have been dismissed. (1) - have not been sewed (specify names and explain why not): Protera, Inc. - service is in process, but (2) E not yet completed. have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The they may be served): may be added following additional parties (specifynames, nature of involvement incase, and date by which 4. Description of case . a. Type of case in complaint cross-complaint (Describe, includingcauses of action): Plaintiffs' Complaint alleges defective construction work against Amco Insurance Company ("Amco") and ~ American Technologiw, Inc. ("ATI"). ATI's Cross—Complaint alleges indemnity. Page1of 5 Use Form Ado led for Mandato Cal. Rules of Court. of Califorrynia Judicialanuncil CASE MANAGEMENT STATEMENT ‘9 Fa] rules 3.720—3.730 CM-110 [Rem July 1.2011] 30% Sing .US ORIGINAL CM-1 10 PLAINTIFF/PEHTIONER: MARK MIGDAL, et a1. cAssnumaea: 19CN05455 'bEFENDANT/RESPONDENT: AMCO INSURANCE COMPANY, et a1. 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) As a recent entrant t0 the case, ATI has no yet conducted discovery and isunaware of the alleged damages by Plaintiffs or the basis therefore. D more space (If isneeded, check thisbox and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request requesting a jury trial): E a jurytrial a nonjurytn'al. name (Ifmore than one party, provide the of each party 6. a. b. E Trialdate Thetrial has No been setfor (date): date has been set. This case trial willbe ready for within 12 trial months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneyswill and explain reasons not be available for trial (specify dates for unavailability): 7. Estimated length of trial The party or parties estimate that the take (check one): trial will days (special number): Three a. b. D hours (short causes) (specify): 8. Trialrepresentation (tobe answered for each party) The party or parties willbe represented at trial by the attorney or party the caption listed in 3 1 by thefollowing: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: 9. E e. E-mail address: Additional representation Preference is described inAttachment 8. g. Party represented: This case to preference (specifi/ is entitled 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 case. in this (1) For parties represented by counsel: Counsel has E 3.221 to the client and reviewed ADR options with the in rule has not client. provided the ADR information package identified (2) E For self—represented parties: Party has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbiiration or civilaction mediation available). (if (1) E 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 1 775.3 because the amount in controversy does not exceed the statutorylimit. (2) D elects to refer this case to Plaintiff CivilProcedure section 1141 .1 1. and agrees judicial arbitration amount specified to limit recovery to the inCode of (3) This case isexempt from under judicial arbitration rule 3.811 Rules of of the California Court or fromcivilaction mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM—110 [Rem Page 2 of 5 July 1,2011] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: MARK MIGDAL, et al. CASE NUMBER: 19CIV05455 EEFENDANTIRESPONDENT: AMCO INSURANCE COMPANY, et a1. 10. c. ADR Indicate the in,have agreed process or processes that the party or parties are willing to participate to participate in.or have already participatedin (check all that apply and provide the specified information): The party or parties completing in the case have agreed to the party or parties completing this form If thisform are willingto have already completed an ADR process or processes. participate in or ADR participate in the following indicate the status of the processes (attach a copy of the parties'ADR processes (check aIIthat apply): stipulation): Mediation session not yet scheduled E Mediation session scheduled for (date): (1)Mediation E Agreed tocomplete mediation by (date): Mediation completed on (date): i [:3 Settlement conference not yet scheduled (2)Settlement conference E E Settlement conference scheduled for (date): « . a iAgreed tocomplete settlement conference by (date). E Settlement conference completed on (date): Neutral evaluation not yet scheduled E ! (3) Neutral evaluation E E Neutral evaluation scheduled for ( date ) : Agreed tocomplete neutral evaluation by (date): E Neutral evaluation completed on (date): E scheduled Judicial arbitration not yet MW] E scheduled Judicaal arbitration for (date): (4) Nonbinding arbitration judicial D Agreed tocomplete judicialarbitrationby (date): E completed on Judicial arbitration (date): E Private arbitration not yet scheduled E Private arbitratmn scheduled for (date): (5) Binding private arbitration E] E Agreed to complete privatearbitrationby (date): E on Private arbitration completed (date): E ADR session not yet scheduled (6) Other (specify): E D ADR session scheduled for (date): C] Agreed to complete ADR session by (date): D ADR completed on (date): CM-11o [Rem July 2011] 0f 5 P399 3 1, CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: MARK MIGDAL, ct a1. CASE NUMBER: “DEFENDANT/RESPONDENT: AMCO INSURANCE COMPANY, ct al. 190N05455 11. Insurance a. E Insurance carrier, Reservation of rights: ifany. for party filing this statement (name): E Yes E No b. c. E Coverage case issues will significantly affect resolution of this (explain): 12. Jurisdiction Indicateany matters thatmay case and describe the affect the court‘s jurisdiction or processing of this status. E Bankruptcy Status: E: Other (specitjl): Related cases, consolidation, and coordination 13. a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: Status: b. D E (4) Additional cases are described in Attachment 13a. Amotion to E consolidate E coordinate willbe filed by (name party): Bifurcation 14. D Thé causes of party or parties intend to file a motion for an order bifurcating. severing. or coordinating the following issues or action (specifymoving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial(specifymoving party, type of motion, and issues): Motion for Summary Judgment/Summary Adjudication. 16. a. b. E Discovery The The have completed party or parties following discoverywill alldiscovery. be completed by the date specified (describe anticipated discovery): all Pam Description Date American Technologies, Inc. Written Discovery March, 2020 American Technologies, Inc. Depositions June, 2020 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (special): Page 4 of 5 CM-1 10 [Rem July 1. 201 1] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: MARK MIGDAL, et a1. cAse NUMBER: TDEFENDANT/RESPONDENT: AMCO INSURANCE COMPANY, et a1. 19CIV05455 17. Economic litigation a. iThis is a limited civil case (i.e.. the amount demanded is $25,000 or less) and the economic procedures litigation inCode of Civil Procedure sections 90-98 will apply to this case. b. [:3 Thisis civil case and a motion to withdraw the case from the economic litigation procedures or for additional a Iimited discoverywillbe filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not applyto this case): 18. Other issues L I The be considered or determined party or parties request that the following additional matters at thecase management conference (specibl): 19. confer Meet_a__nd a. The party or parties havemet and conferred with allpartieson allsubjects required by rule 3.724 of the California Rules of Coun (ifnot, explain): ATI's counsel has not yet been contacted by counsel for the Plaintiffs. b. After meeting and conferring as required byrule3.724 of the California Rules of Court. the parties agree on the following (specify): 20. Total number of pages attached (ifany): Iam completely familiar with this case and will be fuliy prepared to discuss the status of discovery and alternative dispute resolution. as wellas other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: David January 8, F. Mvers 2020 (TYPE (TYPE OR PRINT NAME) OR PRINT NAME) ’ > 7I WQ \V—‘B WOLKIN CURRAN, LLP n PARTY OR ATTORNEY) Counsel for Defendant and Cross—Complainant American Technologies, Inc. (SIGNATURE OF PARTY 0R ATTORNEY) \ E: Additiona! signatures are attached. Page 5 of 5 CM-11o [Rem July 1.2011] CASE MANAGEMENT STATEMENT PROOF 0F SERVICE I,Drew Storms, declare as follows: I am a citizen of the United States, over the age of eighteen years and not a party to the within entitled action. Iam employed at the law firm of WOLKIN - CURRAN, LLP, NOxUI-«PUJN 111 Maiden Lane, 6m Floor, San Francisco, California 94108. On January 8, 2020, I servéfixthc attached/accompanying document(s): 1. CASE MANAGEMENT CONFERENCE STATEMENT OF AMERICAN TECHNOLOGIES, INC.; and 2. COURTCALL CONFIRNIATION FOR 1/23 CASE MANAGEMENT 10 CONFERENCE 11 on the interested parties in said action, by placing a true copy thereof in a scaled 12 envelope(s) addressed as follows: 13 Steven M. Merger, Esq. Plaintiffs, MARK MIGDAL and Gary A. Barrera, Esq. ANETTA KALK MIGD AL 14 WENDEL ROSEN LLP 1111 Broadway, 24th Floor 15 Oakland, CA 94607 16 Matthew J. Gluck, Esq. GRAND CENTURY SECURED Plaintiff, GLUCK DANIEL LLP INVESTMENT S ’ LLC l7 1 Sansome Street, Suite 720 San Francisco, CA 94104 18 19 MlitlilnbEsq. Defendant, AMCO INSURANCE 321133ea , sq. CONIPANY DENTONS US LLP 20 One Market Plaza, Spear Tower, 24th Floor San Francisco, CA 94105 21 and served the named document in the manner(s) indicated below: 22 23 Y IWAIL: I named document(s) placed true and correct copy(ies) of the above in sealed envelope(s) or « package(s), with postage fully prepaid, addressed to the addressce(s) listed above or on the attached service on list whom service isto bc made. I named documents document(s) by placing the envelope served the above or package 24 I am readily familiar with this business’s for collection and mailing following our ordinary business practices. and processing correspondence practice for collecting On thc same day that correspondence is placed for mailing. for 25 The collection and mailing, deposited in the ordinary course of business with the United States Postal Service. it is above-named document(s) being served by mail bore a notation of the date and place of mailing and a signed copy of 26 of mailing accompanied the above named document(s). this affidavit or certificate 27 /// 28 /// ‘ ‘ PROOF OF SERVICE CASE NO: 19CIV05455 Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that Iam employed in the office of a member of the bar of this court at whose direction this service was made. Executed on January 8, 2020 at San Francisco, California. \OOO‘QQUl-bUJNt—t NNNNNI—Iwb—Ip—‘i—Ip—AHr—AHp—a N PROOF OF SERVICE CASE NO: 19CIV05455