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250337 19
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Neil M. Kliebenstein (#226060)
Bowman and Brooke LLP ig FFE
1741 Technology Drive, Suite 200 at, a ;)
San Jose, CA 95110-1355 ; ee |COUNT:TY
TELEPHONE NO.: 408.279.5393 FAX NO. (Optionay: 408.279.5845 ALAME. A C
E-MAIL ADDRESS (Optionay: Neil.kliebenstein@bowmanandbrooke.com
ATTORNEY FOR (Name): Defendants Yamaha Motor Corporation, U.S.A.; Yamaha
Motor Manufacturing Corporation of America; and Yamaha Motor Co., Ltd.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
sTREET ADDRESS: 1225 Fallon Street
MAILING ADDRESS:
city AND zip cove: Oakland, CA 94612
BRANCH NAME:
PLAINTIFF/PETITIONER: Hunter Lenthe, et al. (Jeffrey Zapper, et al. v. Yamaha
Motor Corporation, USA, Inc., et al.)
DEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al.
AMENDED CASE MANAGEMENT STATEMENT RG 19034284: Related to:
(Check one): (4 UNLIMITED CASE 1 _~suimitep case G19046425 Claled lo:
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 8/10/21 Time: 9:00 a.m. Dept.: 25 Div.: Room:
Address of court (if different from the address above): 1221 Oak Street, Oakland, CA 94612
XX] Notice of Intent to Appear by Telephone, by (name): Neil M. Kliebenstein
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. [EX] This statement is submitted jointly by parties (names): Defendants Yamaha Motor Corporation, U.S.A.; Yamaha
Motor Manufacturing Corporation of America; and Yamaha Motor Co., Ltd.
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. oO The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. CJ al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [1 The following parties named in the complaintor cross-complaint
(1) [] have not been served (specify names and explain why not):
BYBAX
(2) (1 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. Typeofcasein J complaint Cj cross-complaint (Describe, including causes of action):
Products liability causes of action for manufacturing, design defects and failure to warn; negligence; loss of
consortium.
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CM-110 (Rev. July 1, 2011} www, courts.ca.gov
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CM-110
PLAINTIFF/PETITIONER: . Hunter Lenthe, et al. CASE NUMBER:
RG19034284
|DEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al.
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.)
Hunter Lenthe and Jeffrey Zapper were the occupants of a 2016 Yamaha YXZ1000R (all terrain vehicle) that was involved in a
roll-over crash at Sand Mountain Recreational Area in Fallon, Nevada at approximately 11:40 PM on April 26, 2019. Lenthe
sustained a paralyzing injury in the crash. He brings product liability claims against Yamaha, alleging the YXZ’s enclosure
failed to protect him from injury; his spouse brings claims for loss of consortium. There is a separate lawsuit filed in this Court
by the other occupant-Jeffrey Zapper-making similar claims.
[] (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request XX) ajurytial [1 a nonjury tral. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. PX The trial has been set for (date): vanuary 10, 2022 in both cases. (See attachment)
b. im No trial date has been set.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. Dd days (specify number): 21 days
vb. [] _ hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial X by the attorney or party listed in the caption Xi by the following:
a. Attorney: Paul G. Cereghini
b. Firm: Bowman and Brooke LLP
c. Address: 2901 N. Central Avenue, Suite 1600, Phoenix, AZ 85012
d. Telephone number: 602.643.2300 f. Fax number: 602.248.0947
e. &-mail address:paul.cereghini@bowmanandbrooke.com g. Party represented: The Yamaha Defendants
| Additional representation is described in Attachment 8.
Preference
CJ 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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [XK] has C1 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) [J -Fhis 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) (1 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specifi ed i in Code of
Civil Procedure section 1141.11.
(3) CI 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 fRev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of §
American LegalNet, Inc. (re
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CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Hunter Lenthe, et al.
RG19034284
IDEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al.
40. 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):
WOroOoOdO
(1) Mediation
‘Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date): 12/7/21 in both
(2) Settlement
AN
°
n
o
9
conference
Agreed to complete settlement conference by (date) :
Ooodlooadoloooolooodglad
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 fRev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 3 of 5
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CM-110
. . CASE NUMBER:
PLAINTIFF/PETITIONER: Hunter Lenthe, et al. RG19034284
DEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al.
11. Insurance —
a. [1 insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [] Yes [1] No
ce CJ 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.
oO Bankruptcy [] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [PX] Thereare companion, underlying, or related cases.
(1) Name of case: Jeffrey Zapper, et al. v. Yamaha Motor Corporation, USA, Inc., et al.
(2) Name of court: Alameda County Superior Court
(3) Case number: HG19046425
(4) Status: Filed on December 11, 2019 and currently pending. (See attachment)
[_] Additional cases are described in Attachment 13a.
b. [] Amotionto [J consolidate (]_ coordinate will 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):
16. Discovery
a. LJ The party or parties have completed all discovery.
b XJ) The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Yamaha Defendants Written Discovery September 2021
Yamaha Defendants Depositions of witnesses TBD
Yamaha Defendants Expert depositions Per CCP
fale.
Cc. & The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Depositions of YMC have been delayed due to Covid restrictions in Japan.
CM-110 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page
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CM-110
PLAINTIFF/PETITIONER: . Huntery Lenthe, et al. — : CASE NUMBER:
RG19034284
|DEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al.
17. Economic litigation
a. oO 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. [J 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
(C1 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. 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 rulé 3.724 of the Califomia Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
lam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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: July 29, 2021
Neil M. Kliebenstein
(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. July 4, 2011) CASE MANAGEMENT STATEM ENT Page 5 of §
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SHORT TITLE: Hunter Lenthe, et al. v. Yamaha Motor Corporation, USA, Inc., et al. | CASE NUMBER:
RG19034284
Section 8: Trial representation a
a. Attorney: John Knottnerus (Pro Hac Vice)
Thomas Purcell (Pro Hac Vice)
Firm: MB Law Group
e9Aaoe
Address: 117 SW Taylor, Suite 200, Portland, OR 97204
Telephone number: (503) 220-4293 f. Fax number: (503) 914-1725
E-mail address: jknottnerus@mblglaw.com
tpurcell@mblglaw.com
g. Party represented: Yamaha Defendants
Section 13: Related Cases
On August 3, 2020 the Zapper and Lenthe cases were related and assigned to Dept. 25.
On September 29, 2020 each case was set for trial on January 10, 2021 with an Mandatory Settlement Conference
set for December 7, 2021. Discovery is coordinated between.both cases.
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26 (Required for venfied pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 6
F d by th .
Judicial Counel of California ADDITIONAL PAGE CRC 201, 501
MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegatNet, Inc.
www. USCourtForms.com
Hunter Lenthe, et al. v. Yamaha Motor Corporation, USA, Inc., et al.
Case No. RG19034284
Jeffrey Zapper, et al. v. Yamaha Motor Corporation, USA, Inc., et al.
Case No. HG19046425
PROOF OF SERVICE
| am over 18 years of age, not a party to this action and employed in San Jose, California at
1741 Technology Drive, Suite 200, San Jose, California 95110-1355.
On July 29, 2021, | served the foregoing documents described as: AMENDED CASE
MANAGEMENT STATEMENT by the means as follows:
Attorneys for Plaintiffs
Hunter Lenthe and Mycalah Lenthe
10 Richard H. Schoenberger
Andrew P. McDevitt
11 Walkup Melodia Kelly & Schoenberger
650 California Street, -26th Floor
12 San Francisco, CA 94108-2515
415.981.7210
13 Fax: 415. 391-6965
‘Assistant: Ashley Freeman
14 rschoenberger@walkuplawoffice:com
amcdevitt@walkuplawoffice.com
15 afreeman@walkuplawoffice.com
-Imccombe@WalkupLawOffice.com
16
Larry E. Cook
17 Casper Meadows Schwartz & Cook
2121 N. California Bivd., Suite 1020
18 Wainut Creek, CA 94596
925.947.1147
19 Fax: 925.947.1131
Assistant: Shannon Bowers
20 cook@cmslaw.com
shannon@cmsiaw.com
21
Attorneys for Plaintiffs :
22 Jeffrey Zapper and Julie Zapper eg
Robert E. Cartwright, Jr.
23 Andrew Ratto
The Cartwright Law Firm, Inc. . te
222 Front Street, Fifth Floor :
24 San Francisco, CA 94111 : .
Vicki Rungo;
25 Rebekka Moore
-rob@cartwrightlaw.com
26 Andrew@cartwrightlaw.com
vicki@cartwrightlaw.com
27 rebekka@cartwrightlaw.com
Mtl
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___ VIAFIRST CLASS MAIL. | caused such envelope to be deposited in the mail at San Jose,
California, in a sealed envelope with postage fully prepaid thereof. | am readily familiar with the
firm's business practice for collection and processing of correspondence for mailing with the United
States Postal Service. The mail is deposited with the U.S. Postal Service on that same day in the
ordinary course of business. | am aware that on motion of the party served, service is presumed
invalid if the postal cancellation date or postage meter date is more than one day after the date of
deposit for mailing in affidavit.
____ VIA OVERNIGHT DELIVERY SERVICE. The documents were enveloped, properly
labeled, and caused to be deposited into an overnight delivery (Federal Express, United Parcel
Service, etc.) receptacle or delivered to an authorized courier or driver authorized by the
express service carrier to receive documents, in an envelope or a package designated by the
express service carrier with delivery fees paid or provided for, addressed to the person on
whom it is to be served, at the office address as last given by that person on any document filed
in the case and served on that person; otherwise, at that person's place of residence.
X_. ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the
persons at the e-mail address(es) listed above based on stipulation between the parties on
10 March 12, 2020 and March 13, 2020, during the Coronavirus (Covid-19) pandemic, this office is
working remotely, unable to send physical mail, and is therefore only using electronic mail. No
11 electronic message or other indication that the transmission was unsuccessful was received
within a reasonable time after the transmission.
12
__ VIA FACSIMILE TRANSMISSION. The document was served on the above party in
13 this action by causing a true copy of said document to be transmitted by facsimile to the number
listed adjacent to the name on this Proof of Service. The transmission was reported as
14 complete and without error.
15 VIA PERSONAL SERVICE. | caused such envelope(s) to be delivered by hand this date
to the offices of the addressee(s). .
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| declare under penalty of perjury under the laws of the State of California that the foregoing
17 is true and correct, and that this declaration was executed on July 29, 2021, at San Jose, California.
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Co @ ' @ ~ 250337 19 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Neil M. Kliebenstein (#226060) Bowman and Brooke LLP ig FFE 1741 Technology Drive, Suite 200 at, a ;) San Jose, CA 95110-1355 ; ee |COUNT:TY TELEPHONE NO.: 408.279.5393 FAX NO. (Optionay: 408.279.5845 ALAME. A C E-MAIL ADDRESS (Optionay: Neil.kliebenstein@bowmanandbrooke.com ATTORNEY FOR (Name): Defendants Yamaha Motor Corporation, U.S.A.; Yamaha Motor Manufacturing Corporation of America; and Yamaha Motor Co., Ltd. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA sTREET ADDRESS: 1225 Fallon Street MAILING ADDRESS: city AND zip cove: Oakland, CA 94612 BRANCH NAME: PLAINTIFF/PETITIONER: Hunter Lenthe, et al. (Jeffrey Zapper, et al. v. Yamaha Motor Corporation, USA, Inc., et al.) DEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al. AMENDED CASE MANAGEMENT STATEMENT RG 19034284: Related to: (Check one): (4 UNLIMITED CASE 1 _~suimitep case G19046425 Claled lo: (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8/10/21 Time: 9:00 a.m. Dept.: 25 Div.: Room: Address of court (if different from the address above): 1221 Oak Street, Oakland, CA 94612 XX] Notice of Intent to Appear by Telephone, by (name): Neil M. Kliebenstein 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. [EX] This statement is submitted jointly by parties (names): Defendants Yamaha Motor Corporation, U.S.A.; Yamaha Motor Manufacturing Corporation of America; and Yamaha Motor Co., Ltd. 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. oO The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. CJ al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [1 The following parties named in the complaintor cross-complaint (1) [] have not been served (specify names and explain why not): BYBAX (2) (1 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. Typeofcasein J complaint Cj cross-complaint (Describe, including causes of action): Products liability causes of action for manufacturing, design defects and failure to warn; negligence; loss of consortium. - Page 4 of 5 rrdial Councl of Calforia CASE MANAGEMENT STATEMENT ~ - “pales 37209.730 CM-110 (Rev. July 1, 2011} www, courts.ca.gov American LegalNet, Inc. www Forms WorkFlow,cont CM-110 PLAINTIFF/PETITIONER: . Hunter Lenthe, et al. CASE NUMBER: RG19034284 |DEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al. 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.) Hunter Lenthe and Jeffrey Zapper were the occupants of a 2016 Yamaha YXZ1000R (all terrain vehicle) that was involved in a roll-over crash at Sand Mountain Recreational Area in Fallon, Nevada at approximately 11:40 PM on April 26, 2019. Lenthe sustained a paralyzing injury in the crash. He brings product liability claims against Yamaha, alleging the YXZ’s enclosure failed to protect him from injury; his spouse brings claims for loss of consortium. There is a separate lawsuit filed in this Court by the other occupant-Jeffrey Zapper-making similar claims. [] (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request XX) ajurytial [1 a nonjury tral. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. PX The trial has been set for (date): vanuary 10, 2022 in both cases. (See attachment) b. im No trial date has been set. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. Dd days (specify number): 21 days vb. [] _ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial X by the attorney or party listed in the caption Xi by the following: a. Attorney: Paul G. Cereghini b. Firm: Bowman and Brooke LLP c. Address: 2901 N. Central Avenue, Suite 1600, Phoenix, AZ 85012 d. Telephone number: 602.643.2300 f. Fax number: 602.248.0947 e. &-mail address:paul.cereghini@bowmanandbrooke.com g. Party represented: The Yamaha Defendants | Additional representation is described in Attachment 8. Preference CJ 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [XK] has C1 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) [J -Fhis 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) (1 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specifi ed i in Code of Civil Procedure section 1141.11. (3) CI 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 fRev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of § American LegalNet, Inc. (re unww.FormsWorkFlow.com Qype: CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Hunter Lenthe, et al. RG19034284 IDEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al. 40. 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): WOroOoOdO (1) Mediation ‘Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): 12/7/21 in both (2) Settlement AN ° n o 9 conference Agreed to complete settlement conference by (date) : Ooodlooadoloooolooodglad 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 fRev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. wenw.FornsVorkFlow.com NQPa. CM-110 . . CASE NUMBER: PLAINTIFF/PETITIONER: Hunter Lenthe, et al. RG19034284 DEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al. 11. Insurance — a. [1 insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [] Yes [1] No ce CJ 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. oO Bankruptcy [] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [PX] Thereare companion, underlying, or related cases. (1) Name of case: Jeffrey Zapper, et al. v. Yamaha Motor Corporation, USA, Inc., et al. (2) Name of court: Alameda County Superior Court (3) Case number: HG19046425 (4) Status: Filed on December 11, 2019 and currently pending. (See attachment) [_] Additional cases are described in Attachment 13a. b. [] Amotionto [J consolidate (]_ coordinate will 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): 16. Discovery a. LJ The party or parties have completed all discovery. b XJ) The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Yamaha Defendants Written Discovery September 2021 Yamaha Defendants Depositions of witnesses TBD Yamaha Defendants Expert depositions Per CCP fale. Cc. & The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Depositions of YMC have been delayed due to Covid restrictions in Japan. CM-110 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 4 of 5 American LegalNet, Inc. f \- wow. FornsWorkFlow.com . oe . @ CM-110 PLAINTIFF/PETITIONER: . Huntery Lenthe, et al. — : CASE NUMBER: RG19034284 |DEFENDANT/RESPONDENT: Yamaha Motor Corporation, USA, Inc., et al. 17. Economic litigation a. oO 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. [J 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 (C1 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. 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 rulé 3.724 of the Califomia Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): lam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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: July 29, 2021 Neil M. Kliebenstein (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. July 4, 2011) CASE MANAGEMENT STATEM ENT Page 5 of § American LegalNeg, Inc. wua Forms VorkFlow, cont SHORT TITLE: Hunter Lenthe, et al. v. Yamaha Motor Corporation, USA, Inc., et al. | CASE NUMBER: RG19034284 Section 8: Trial representation a a. Attorney: John Knottnerus (Pro Hac Vice) Thomas Purcell (Pro Hac Vice) Firm: MB Law Group e9Aaoe Address: 117 SW Taylor, Suite 200, Portland, OR 97204 Telephone number: (503) 220-4293 f. Fax number: (503) 914-1725 E-mail address: jknottnerus@mblglaw.com tpurcell@mblglaw.com g. Party represented: Yamaha Defendants Section 13: Related Cases On August 3, 2020 the Zapper and Lenthe cases were related and assigned to Dept. 25. On September 29, 2020 each case was set for trial on January 10, 2021 with an Mandatory Settlement Conference set for December 7, 2021. Discovery is coordinated between.both cases. 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 (Required for venfied pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 6 F d by th . Judicial Counel of California ADDITIONAL PAGE CRC 201, 501 MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegatNet, Inc. www. USCourtForms.com Hunter Lenthe, et al. v. Yamaha Motor Corporation, USA, Inc., et al. Case No. RG19034284 Jeffrey Zapper, et al. v. Yamaha Motor Corporation, USA, Inc., et al. Case No. HG19046425 PROOF OF SERVICE | am over 18 years of age, not a party to this action and employed in San Jose, California at 1741 Technology Drive, Suite 200, San Jose, California 95110-1355. On July 29, 2021, | served the foregoing documents described as: AMENDED CASE MANAGEMENT STATEMENT by the means as follows: Attorneys for Plaintiffs Hunter Lenthe and Mycalah Lenthe 10 Richard H. Schoenberger Andrew P. McDevitt 11 Walkup Melodia Kelly & Schoenberger 650 California Street, -26th Floor 12 San Francisco, CA 94108-2515 415.981.7210 13 Fax: 415. 391-6965 ‘Assistant: Ashley Freeman 14 rschoenberger@walkuplawoffice:com amcdevitt@walkuplawoffice.com 15 afreeman@walkuplawoffice.com -Imccombe@WalkupLawOffice.com 16 Larry E. Cook 17 Casper Meadows Schwartz & Cook 2121 N. California Bivd., Suite 1020 18 Wainut Creek, CA 94596 925.947.1147 19 Fax: 925.947.1131 Assistant: Shannon Bowers 20 cook@cmslaw.com shannon@cmsiaw.com 21 Attorneys for Plaintiffs : 22 Jeffrey Zapper and Julie Zapper eg Robert E. Cartwright, Jr. 23 Andrew Ratto The Cartwright Law Firm, Inc. . te 222 Front Street, Fifth Floor : 24 San Francisco, CA 94111 : . Vicki Rungo; 25 Rebekka Moore -rob@cartwrightlaw.com 26 Andrew@cartwrightlaw.com vicki@cartwrightlaw.com 27 rebekka@cartwrightlaw.com Mtl 28 ___ VIAFIRST CLASS MAIL. | caused such envelope to be deposited in the mail at San Jose, California, in a sealed envelope with postage fully prepaid thereof. | am readily familiar with the firm's business practice for collection and processing of correspondence for mailing with the United States Postal Service. The mail is deposited with the U.S. Postal Service on that same day in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. ____ VIA OVERNIGHT DELIVERY SERVICE. The documents were enveloped, properly labeled, and caused to be deposited into an overnight delivery (Federal Express, United Parcel Service, etc.) receptacle or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or a package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the case and served on that person; otherwise, at that person's place of residence. X_. ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed above based on stipulation between the parties on 10 March 12, 2020 and March 13, 2020, during the Coronavirus (Covid-19) pandemic, this office is working remotely, unable to send physical mail, and is therefore only using electronic mail. No 11 electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 12 __ VIA FACSIMILE TRANSMISSION. The document was served on the above party in 13 this action by causing a true copy of said document to be transmitted by facsimile to the number listed adjacent to the name on this Proof of Service. The transmission was reported as 14 complete and without error. 15 VIA PERSONAL SERVICE. | caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). . 16 | declare under penalty of perjury under the laws of the State of California that the foregoing 17 is true and correct, and that this declaration was executed on July 29, 2021, at San Jose, California. 18 19 20 21 aD wo 23 24 25 26 27 28