Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Shayna Balch Santiago (SBN 304802); Kathryn M. Evans (SBN 323190)
FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1000 ELECTRONICALLY FILED
San Diego, California 92121 Superior Court of California
County of Santa Barbara
(858) 597-9600
TELEPHONE NO.: FAX NO. (Optional): (858) 597-9601
Darrel E. Parker, Executive Officer
ssantiago@fisherphillips.com; kmevans@fisherphillips.com
E-MAIL ADDRESS:
1/13/2022 3:21 PM
ATTORNEY FOR (Name): UCOMMG, LLC, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
By: Yuliana Razo, Deputy
1100 Anacapa Street
STREET ADDRESS:
1100 Anacapa Street
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Barbara, California 93101
BRANCH NAME: Anacapa Division
PLAINTIFF/PETITIONER: Butler America, LLC
DEFENDANT/RESPONDENT: UCOMMG, LLC, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE
20CV03877
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 28, 2022 Time: 8:30 a.m. Dept.: 4 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Kathryn M. Evans
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names): Defendants and Specially Appearing Defendants
UCOMMG, LLC; Unified Communications Group, Inc.; Kenneth Newbatt; Bianca Newbatt; Mitchell Lipkin; Michael
Bellas; WesTele Utility Solutions, LLC; and Cynthia Baker
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. 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 complaint cross-complaint (Describe, including causes of action): First Amended
Complaint Causes of Action: (1) Breach of Contract; (2) Breach of Implied Covenant of Good Faith and Fair
Dealing; (3) Conversion; (4) Intentional Interference with Contractual Relations; (5) Intentional Interference with
Prospective Economic Advantage; (6) Unfair Business Practices (California Business & Professions Code § 17200
et seq.)
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Butler America, LLC CASE NUMBER:
DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. 20CV03877
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.)
Plaintiff claims it is entitled to damages, preliminary and permanent injunctive relief, punitive damages, restitution,
attorneys’ fees and costs, and prejudgment interest. Defendants adamently dispute each and every one of
Plaintiff’s claims.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. 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):
Defendants request that trial setting be deferred until after a ruling has been issued on Defendants’ pending
demurrer and motion to quash service of subpoena.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 5-7
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
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 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel has has not provided the ADR information package
identified in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has 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) 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) 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):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: Butler America, LLC CASE NUMBER:
DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. 20CV03877
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 information):
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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: Butler America, LLC CASE NUMBER:
DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. 20CV03877
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. 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.
Bankruptcy Other (specify): UCOMMG, LLC, Unified Communications Group, Inc., Kenneth Newbatt, Bianca
Newbatt, Mitchell Lipkin, and Michael Bellas filed a motion to quash summons regarding this Court’s lack of
personal jurisdiction.
Status: The hearing on the motion to quash is set for March 11, 2022.
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
14. Bifurcation
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):
Defendants’ anticipate filing a motion for summary judgment.
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants Written Discovery Per Code
Defendants Depositions Per Code
Defendants Expert Discovery Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: Butler America, LLC CASE NUMBER:
DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. 20CV03877
17. Economic litigation
a. 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. 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
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 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. 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): 0
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 management conference, including the written authority of the party where required.
Date: January 13, 2022
Kathryn M. Evans â–º
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
â–º
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
1 PROOF OF SERVICE
(CCP §§1013(a) and 2015.5)
2
I, the undersigned, am at least 18 years old and not a party to this action. I am employed
3 in the County of San Diego with the law offices of Fisher & Phillips LLP and its business address
is 4747 Executive Drive, Suite 1000, San Diego, California 92121.
4
On January 13, 2022, I served the following document(s) DEFENDANTS’ CASE
5 MANAGEMENT STATEMENT on the person(s) listed below by placing the original
a true copy thereof enclosed in sealed envelope(s) addressed as follows:
6
7 Paul P. Young Tel: (626) 744-1838
Joseph Chora Fax: (626) 744-3167
8 Cameron H. Totten E-Mail: paul@cym.law; joseph@cym.law;
Armen Manasserian cameron@cym.law; armen@cym.law;
9 Scott O’Halloran scott@cym.law
CHORA YOUNG LLP
10 650 Sierra Madre Villa Ave, Suite 304 Attorneys for Plaintiff Butler America, LLC
Pasadena, California 91107
11
 [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to
12 the person(s) whose address(es) are listed above and placed the envelope for collection
and mailing, following our ordinary business practices. I am readily familiar with this
13 business’s practice for collecting and processing correspondence for mailing. On the
same day that correspondence is placed for collection and mailing, it is deposited in the
14 ordinary course of business with the United States Postal Service in San Diego California,
in a sealed envelope with postage fully prepaid.
15  [by FAX] - Based on an agreement of the parties to accept service by fax transmission, I
faxed the document(s) to the person(s) at fax number(s) listed above from fax number
16 (858) 597-9601. The fax reported no errors. A copy of the transmission report is
attached.
17  [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package
provided by an overnight delivery carrier and addressed to the person(s) at the address(es)
18 listed above. I placed the envelope or package for collection and overnight delivery at an
office or a regularly utilized drop box of the overnight carrier.
19  [by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties
to accept service by electronic transmission, I electronically served the document(s) to
20 the person(s) at the electronic service address(es) listed above.
 [by PERSONAL SERVICE] - I delivered the document(s) to the person(s) at the
21 address(es) listed above by (1) (a) personal delivery, or (b) by leaving the documents in
an envelope/package with an individual in charge of the office, or (c) by leaving them in
22 a conspicuous place in the office between the hours of 9:00 a.m. and 6:00 p.m., or (2) by
messenger – a copy of the Messenger Declaration is attached.
23
I declare under penalty of perjury, under the laws of the State of California, that the
24 foregoing is true and correct.
25 Executed January 13, 2022, at San Diego, California.
26 Amanda Funkhouser By:
Print Name Signature
27
28
1
PROOF OF SERVICE
FP 41351449.1
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Shayna Balch Santiago (SBN 304802); Kathryn M. Evans (SBN 323190) FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 ELECTRONICALLY FILED San Diego, California 92121 Superior Court of California County of Santa Barbara (858) 597-9600 TELEPHONE NO.: FAX NO. (Optional): (858) 597-9601 Darrel E. Parker, Executive Officer ssantiago@fisherphillips.com; kmevans@fisherphillips.com E-MAIL ADDRESS: 1/13/2022 3:21 PM ATTORNEY FOR (Name): UCOMMG, LLC, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA By: Yuliana Razo, Deputy 1100 Anacapa Street STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: CITY AND ZIP CODE: Santa Barbara, California 93101 BRANCH NAME: Anacapa Division PLAINTIFF/PETITIONER: Butler America, LLC DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 20CV03877 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 28, 2022 Time: 8:30 a.m. Dept.: 4 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Kathryn M. Evans INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): Defendants and Specially Appearing Defendants UCOMMG, LLC; Unified Communications Group, Inc.; Kenneth Newbatt; Bianca Newbatt; Mitchell Lipkin; Michael Bellas; WesTele Utility Solutions, LLC; and Cynthia Baker 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. 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 complaint cross-complaint (Describe, including causes of action): First Amended Complaint Causes of Action: (1) Breach of Contract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Conversion; (4) Intentional Interference with Contractual Relations; (5) Intentional Interference with Prospective Economic Advantage; (6) Unfair Business Practices (California Business & Professions Code § 17200 et seq.) Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Butler America, LLC CASE NUMBER: DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. 20CV03877 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.) Plaintiff claims it is entitled to damages, preliminary and permanent injunctive relief, punitive damages, restitution, attorneys’ fees and costs, and prejudgment interest. Defendants adamently dispute each and every one of Plaintiff’s claims. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. 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): Defendants request that trial setting be deferred until after a ruling has been issued on Defendants’ pending demurrer and motion to quash service of subpoena. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has 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) 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) 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): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: Butler America, LLC CASE NUMBER: DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. 20CV03877 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 information): 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: Butler America, LLC CASE NUMBER: DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. 20CV03877 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. 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. Bankruptcy Other (specify): UCOMMG, LLC, Unified Communications Group, Inc., Kenneth Newbatt, Bianca Newbatt, Mitchell Lipkin, and Michael Bellas filed a motion to quash summons regarding this Court’s lack of personal jurisdiction. Status: The hearing on the motion to quash is set for March 11, 2022. 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation 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): Defendants’ anticipate filing a motion for summary judgment. 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Written Discovery Per Code Defendants Depositions Per Code Defendants Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Butler America, LLC CASE NUMBER: DEFENDANT/RESPONDENT: UCOMMG, LLC, et al. 20CV03877 17. Economic litigation a. 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. 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 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 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. 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): 0 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 management conference, including the written authority of the party where required. Date: January 13, 2022 Kathryn M. Evans ► (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ► (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 1 PROOF OF SERVICE (CCP §§1013(a) and 2015.5) 2 I, the undersigned, am at least 18 years old and not a party to this action. I am employed 3 in the County of San Diego with the law offices of Fisher & Phillips LLP and its business address is 4747 Executive Drive, Suite 1000, San Diego, California 92121. 4 On January 13, 2022, I served the following document(s) DEFENDANTS’ CASE 5 MANAGEMENT STATEMENT on the person(s) listed below by placing the original a true copy thereof enclosed in sealed envelope(s) addressed as follows: 6 7 Paul P. Young Tel: (626) 744-1838 Joseph Chora Fax: (626) 744-3167 8 Cameron H. Totten E-Mail: paul@cym.law; joseph@cym.law; Armen Manasserian cameron@cym.law; armen@cym.law; 9 Scott O’Halloran scott@cym.law CHORA YOUNG LLP 10 650 Sierra Madre Villa Ave, Suite 304 Attorneys for Plaintiff Butler America, LLC Pasadena, California 91107 11  [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to 12 the person(s) whose address(es) are listed above and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this 13 business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the 14 ordinary course of business with the United States Postal Service in San Diego California, in a sealed envelope with postage fully prepaid. 15  [by FAX] - Based on an agreement of the parties to accept service by fax transmission, I faxed the document(s) to the person(s) at fax number(s) listed above from fax number 16 (858) 597-9601. The fax reported no errors. A copy of the transmission report is attached. 17  [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) 18 listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight carrier. 19  [by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties to accept service by electronic transmission, I electronically served the document(s) to 20 the person(s) at the electronic service address(es) listed above.  [by PERSONAL SERVICE] - I delivered the document(s) to the person(s) at the 21 address(es) listed above by (1) (a) personal delivery, or (b) by leaving the documents in an envelope/package with an individual in charge of the office, or (c) by leaving them in 22 a conspicuous place in the office between the hours of 9:00 a.m. and 6:00 p.m., or (2) by messenger – a copy of the Messenger Declaration is attached. 23 I declare under penalty of perjury, under the laws of the State of California, that the 24 foregoing is true and correct. 25 Executed January 13, 2022, at San Diego, California. 26 Amanda Funkhouser By: Print Name Signature 27 28 1 PROOF OF SERVICE FP 41351449.1