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  • Lenthe VS Yamaha Motor Corporation, USA, Inc. Civil Unlimited (Product Liability (not asbest...) document preview
  • Lenthe VS Yamaha Motor Corporation, USA, Inc. Civil Unlimited (Product Liability (not asbest...) document preview
  • Lenthe VS Yamaha Motor Corporation, USA, Inc. Civil Unlimited (Product Liability (not asbest...) document preview
  • Lenthe VS Yamaha Motor Corporation, USA, Inc. Civil Unlimited (Product Liability (not asbest...) document preview
  • Lenthe VS Yamaha Motor Corporation, USA, Inc. Civil Unlimited (Product Liability (not asbest...) document preview
  • Lenthe VS Yamaha Motor Corporation, USA, Inc. Civil Unlimited (Product Liability (not asbest...) document preview
  • Lenthe VS Yamaha Motor Corporation, USA, Inc. Civil Unlimited (Product Liability (not asbest...) document preview
  • Lenthe VS Yamaha Motor Corporation, USA, Inc. Civil Unlimited (Product Liability (not asbest...) document preview
						
                                

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Te . 240723238 Walkup, Melodia,Kelly,Echeverria Bowman and Brooke LLP Attn: Schoenberger, Richard H. Attn: Kliebenstein, Neil M 650 California St. 26th FI. 1741 Technology Drive San Francisco, CA 94108 Suite 200 San Jose, CA 95110-1355 Superior Court of California, County of Alameda Rene C. Davidson Alameda County Courthouse Lenthe No. RG19034284 Plaintiff/Petitioner(s) VS Case Management Order Complaint - Product Liability Yamaha Motor Corporation, USA, Inc. Defendant/Respondent(s) (Abbreviated Title) ORDER re: CASE MANAGEMENT & TRIAL SETTING ORDER WITH NOTICE OF TRIAL The Court has ordered the following at the conclusion of a judicially supervised Case Management Conference. These two cases, Lenthe v. Yamaha Motor Corporation, USA, Inc (RG19 034284) and Zapper v. Yamaha Motor Corporation, USA, Inc (4G19 046425), consolidated by prior Court Order, and hereby consolidated for trial. TRIAL SETTING ORDERS The Court makes the following trial setting orders: Trial Date: 11/07/2022 at 09:30 AM in Dept. 25. PRETRIAL CONFERENCE A Pretrial Conference is scheduled for 10/28/2022 at 11:00 AM in Dept. 25. 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. Counsel are further directed to file their Motions in Limine 10 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. ; Order MANDATORY SETTLEMENT CONFERENCE (CRC section 3.1380) A Mandatory Settlement Conference (MSC) is set for 10/14/2022 in Dept. 302 at 09:00 AM. 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. FURTHER CONFERENCE A further Case Management Conference is scheduled for 09/01/2022 at 03:00 PM in Dept. 25. Updated Case Management Statements in compliance with Rule of Court 3.725, on Judicial Council Form CM-110, must be filed no later than 08/17/2022. If the foregoing date is a court holiday or a weekend, the time is extended to the next business day. NOTICES Clerk is directed to serve endorsed-filed copies of this order, with proof of service, to counsel and to self-represented parties of record by mail. The Court orders counsel and/or self-represented parties to obtain a copy of this order from the court's website http://www.alameda.courts.ca.gov/domainweb. Any delay in the trial, caused by non-compliance with any order contained herein, shall be the subject of sanctions pursuant to CCP 177.5. Dated: 09/02/2021 focsimite Order Judge James Reilly Order SHORT TITLE: CASE NUMBER: Lenthe VS Yamaha Motor Corporation, USA, Inc. RG19034284 ADDITIONAL ADDRESSEES BOWMAN AND BROOKE LLP Attn: Adams, Lindsey R. 1741 Technology Drive, Suite 200 San Jose, CA 95110-1364 Bowman and Brooke LLP Attn: Cereghini, Paul G. 2901 N. Central Ave. Suite 1600 Phoenix, AZ 85012 MB Law Group Attn: Purcell, Thomas 117 SW Taylor Street, Suite 200 Portland, OR 97204 MB Law Group Attn: Knottnerus, John W. 117 SW Taylor Street, Suite 200 Portland, OR 97204 Order