On May 19, 2021 a
Order
was filed
involving a dispute between
Joseph C. Rotelli,
Rotelli, Joseph C.,
and
Jaime Romero Magallanes,
Magallanes, Jaime Romero,
for Other PI/PD/WD Tort
in the District Court of Alameda County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Rene C. Davidson Courthouse, Department 25
JUDICIAL OFFICER: HONORABLE JAMES REILLY
Courtroom Clerk: Pamela Greene CSR: None
RG21100138 January 25, 2022
3:00 PM
Rotelli VS Magallanes
MINUTES
APPEARANCES:
Plaintiff Joseph C. Rotelli represented by John Shaller for Paul Traina, Esq via virtual
conference.
Defendant Jaime Romero Magallanes represented by Edgar W. Hawkyard via virtual conference.
NATURE OF PROCEEDINGS: Case Management Conference
ORDER RE: CASE MANAGEMENT AND TRIAL SETTING ORDER WITH NOTICE
The Court has ordered the following at the conclusion of a judicially supervised Case
Management Conference.
The Order to Show Cause issued 10/25/2021 is discharged.
TRIAL SETTING ORDERS
Jury Trial is scheduled for 09/11/2023 at 09:00 AM in Department 25.
The parties are ordered to comply with the Standing Pre-Trial Orders for Civil Cases, Local Rule
of Court 3.35.
PRETRIAL CONFERENCE
Pre-Trial Conference is scheduled for 09/01/2023 at 11:00 AM in Department 25 at Rene C.
Davidson Courthouse.
THE COURT EXPECTS STRICT COMPLIANCE WITH LOCAL RULE 3.35: STANDING
PRETRIAL ORDERS.
Counsel are directed to file a trial brief five days before the Pretrial Conference and to lodge, by
email (dept25@alameda.courts.ca.gov), a courtesy copy in Dept. 25.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Counsel are further directed to file their Motions in Limine 10 calendar days before, and their
oppositions thereto, if any, five days before, the scheduled Pretrial Conference and to deliver
courtesy copies to Dept. 25 at the time of filing.
MANDATORY SETTLEMENT CONFERENCE (CRC section 3.1380)
The Court orders the parties to a Mandatory Settlement Conference (MSC) on 08/17/2023 at
09:00 AM in Department 301 at George E. McDonald Hall of Justice.
Lead negotiating counsel, trial counsel, party representatives, insurance carrier representatives
with full settlement authority from each insurance policy implicated by plaintiff's demand, and
all other persons necessary to consent to settlement must PERSONALLY ATTEND the MSC,
unless excused by the court for good cause.
Parties must comply with all applicable rules and code provisions regarding MSCs, including
California Rule of Court (CRC) 3.1380. No later than five court days before the MSC, each party
must serve on opposing parties, and DELIVER DIRECTLY TO THE SETTLEMENT
DEPARTMENT a hard copy Settlement Conference Statement (SCS) that includes a detailed
discussion of liability and damages. The SCS must also contain a good faith settlement demand
or offer as of the date the settlement conference statement is signed.
DO NOT E-MAIL OR FILE, INCLUDING BY FAX, THE SCS WITH THE COURT.
Any person seeking to appear at the MSC by telephone must file with the clerk's office a formal
ex parte application with a proposed order and proof of service showing service on all parties. A
courtesy copy of the application and proposed order must be delivered directly to the settlement
department. The application will not be granted unless the party shows good cause and delivers
to the settlement department its SCS that fully complies with CRC 3.1380(c) and includes a good
faith settlement demand or offer as of the date the settlement conference statement is signed. If
the application is granted, the person appearing by telephone must be immediately available by
telephone throughout the conference until released by the court.
FAILURE TO BE IMMEDIATELY AVAILABLE, INCLUDING AFTER BUSINESS HOURS,
CONSTITUTES A NON-APPEARANCE BY THAT PERSON.
If the case settles before the MSC, Plaintiff must promptly notify this department and the
settlement department.
FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS.
The Court orders counsel to obtain a copy of this order from the eCourt portal.
Minute Order Page 2 of 3
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
By:
Minutes of: 01/25/2022
Entered on: 01/25/2022
Minute Order Page 3 of 3
Document Filed Date
January 25, 2022
Case Filing Date
May 19, 2021
Category
Other PI/PD/WD Tort
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Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Rene C. Davidson Courthouse, Department 25 JUDICIAL OFFICER: HONORABLE JAMES REILLY Courtroom Clerk: Pamela Greene CSR: None RG21100138 January 25, 2022 3:00 PM Rotelli VS Magallanes MINUTES APPEARANCES: Plaintiff Joseph C. Rotelli represented by John Shaller for Paul Traina, Esq via virtual conference. Defendant Jaime Romero Magallanes represented by Edgar W. Hawkyard via virtual conference. NATURE OF PROCEEDINGS: Case Management Conference ORDER RE: CASE MANAGEMENT AND TRIAL SETTING ORDER WITH NOTICE The Court has ordered the following at the conclusion of a judicially supervised Case Management Conference. The Order to Show Cause issued 10/25/2021 is discharged. TRIAL SETTING ORDERS Jury Trial is scheduled for 09/11/2023 at 09:00 AM in Department 25. The parties are ordered to comply with the Standing Pre-Trial Orders for Civil Cases, Local Rule of Court 3.35. PRETRIAL CONFERENCE Pre-Trial Conference is scheduled for 09/01/2023 at 11:00 AM in Department 25 at Rene C. Davidson Courthouse. THE COURT EXPECTS STRICT COMPLIANCE WITH LOCAL RULE 3.35: STANDING PRETRIAL ORDERS. Counsel are directed to file a trial brief five days before the Pretrial Conference and to lodge, by email (dept25@alameda.courts.ca.gov), a courtesy copy in Dept. 25. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Counsel are further directed to file their Motions in Limine 10 calendar days before, and their oppositions thereto, if any, five days before, the scheduled Pretrial Conference and to deliver courtesy copies to Dept. 25 at the time of filing. MANDATORY SETTLEMENT CONFERENCE (CRC section 3.1380) The Court orders the parties to a Mandatory Settlement Conference (MSC) on 08/17/2023 at 09:00 AM in Department 301 at George E. McDonald Hall of Justice. Lead negotiating counsel, trial counsel, party representatives, insurance carrier representatives with full settlement authority from each insurance policy implicated by plaintiff's demand, and all other persons necessary to consent to settlement must PERSONALLY ATTEND the MSC, unless excused by the court for good cause. Parties must comply with all applicable rules and code provisions regarding MSCs, including California Rule of Court (CRC) 3.1380. No later than five court days before the MSC, each party must serve on opposing parties, and DELIVER DIRECTLY TO THE SETTLEMENT DEPARTMENT a hard copy Settlement Conference Statement (SCS) that includes a detailed discussion of liability and damages. The SCS must also contain a good faith settlement demand or offer as of the date the settlement conference statement is signed. DO NOT E-MAIL OR FILE, INCLUDING BY FAX, THE SCS WITH THE COURT. Any person seeking to appear at the MSC by telephone must file with the clerk's office a formal ex parte application with a proposed order and proof of service showing service on all parties. A courtesy copy of the application and proposed order must be delivered directly to the settlement department. The application will not be granted unless the party shows good cause and delivers to the settlement department its SCS that fully complies with CRC 3.1380(c) and includes a good faith settlement demand or offer as of the date the settlement conference statement is signed. If the application is granted, the person appearing by telephone must be immediately available by telephone throughout the conference until released by the court. FAILURE TO BE IMMEDIATELY AVAILABLE, INCLUDING AFTER BUSINESS HOURS, CONSTITUTES A NON-APPEARANCE BY THAT PERSON. If the case settles before the MSC, Plaintiff must promptly notify this department and the settlement department. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS. The Court orders counsel to obtain a copy of this order from the eCourt portal. Minute Order Page 2 of 3 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA By: Minutes of: 01/25/2022 Entered on: 01/25/2022 Minute Order Page 3 of 3