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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, end address):
@ 7 nanan
‘David H. Bremer, SBN 58874 aL AMEDA cout "N ”
PBORTON PETRINI,
LLP FILED ALY
535 Pacific Avenue, Suite 201 BPR 16 2081 |
San Francisco, CA 94133,
677~=0760 FAXNo. Opn (415) 677-0737 SLERK OF SSup a wn GOGURY
TecePHone NO: (4125)
E-MAIL ADDRESS (Optoray, Plaintiff whe Ast
ATTORNEY
FOR wamery PSM/MAGNA CARTA INSURANCE COMPANIES BY Ga pn wd DEPUTY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA |
streeraponess: 1225 Fallon Street :
MAILING ADORESS:
crvanpzpcope. Oakland, CA 94612
BRANCH NAME:
PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES
CEFENDANT/RESPONDENT. APRIA HEALTHCARE and CAIRE MEDICAL
and DOES 1 TO 10
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [X] UNLIMITED CASE [_] LIMITED CASE
(Amount demanded (Amount demanded is 525,000 | RGO6266629 .
exceeds $25,000) or less) X
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 05/02/07 Time:2:00 p.m. Dept: 303 Div. Room:
Address of court (f different from the address above):
George E. McDonald Hall of Justice, 2nd Fl., 22335 Shoreline Dr-., Alameda, CA,
94501
INSTRUCTIONS: All applicable hoxes must be checked, and the specified information must be provided.
1. Party of parties (answer one):
a. [X_ This statement is submitted by party (name)PSM/MAGNA CARTA INSURANCE COMPANIES
b. ["_ This statement is submitted jointly by parties (names).
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The compiaint was filed on (date): 08/31/06
b. _. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. 1 All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed,
b. .X°: The following partias named in the complaint or cross-complaint
(1) have not been served (specity namas and explain why not): APRIA HEALTHCARE and CAIRE
MEDICAL; see attachment 3.b.1.
{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):
The following additional parties may be added (specify names, natura of involvement in case. and the date by which
||
they may be served):
4. Description of case ;
a. Type of case in complaint [""] eross-complaint (describe, including causes of action):
This acticn, sounding in negligence and products liability, seeks to
recover damages to property as a consequence of a fire which occured on
G2/11/05 at 2257 Pacific Avenue, Alameda, CA, as a result of a oxygen
cylinder or tank which malfunctioned,
Paga t of a
eee
Form Adapied for Mandatory Use
i ura i CASE MANAGEMENT STATEMENT
scien Cal. Rulas of Coun.
en 2.7203.
10560067 tif - AGI 007 10°05-3 AM
. APRA6-2007 10:16 Os: »PETRINI, CONRON @ 14156778737 P.83
CM-110
PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES | CASE NuMBER
|DEFENDANT/RESPONDENT:APRIA HEALTHCARE and CAIRE MEDICAL RGO6296629
and DOES 1 TO 10
4. b. Provide a brief statement of the case, inctuding any damages, (/f persanal injury damages are sought, spacify the injury and
damages claimed, including medical expenses to date Jindicate source and amount], estimated future medical expenses, fost
eamings to date, and estimated future fost sarnings. If equitable relief is sought, describe the nature of the relief.)
This action arises out of a fire which occurred on 02/11/05 at 2257 Pacific
Avenue, Unit E, Alameda, CA, 945C1. The damage to the insured property is
in excess of $100,000. The fire was caused as a result of a leaking oxygen
tank provided by defendants.
| (ifmore space is needed, chack this pox and attach @ page designated as Aftachment 4b.)
5. Jury er nonjury trial
The party or parties request ajury trial (__] anonjury tial (if more than one party, provide the name of each party
requesting a jury trie):
6. Trial date
a. | The trial has been set for (date):
b. [X_ Neo trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (#7
nol, explain):
¢. 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 (chack ene):
a. EX_ days (specify number): 5
b. (__ hours (short causes) (specify):
8. Trial representation (to ba answered for each party)
The party or parties will be represented at tra! (X_] by the attorney or party listed in the caption [__] _ by the following:
Attorney:
oan oe
Firm:
atom
Address:
Telephone number:
Fax number:
E-mail address:
Party epresented.
[_] Additional rapresentation is described in Attachment 8.
5. Preference
This case Is entitled to preference (specify code section):
10. Alternative Dis pute Resolution (ADR)
a. Counsel (X]} has [__] has not provided the ADR information package identified in rule 3.221 to the client and has
reviewed ADR options with the client.
b. [777 All parties have agreed to a form of ADR. ADR will be completed by (date):
c. {__} The case has gone te an ADR process (indicate status):
anne heen oaney ON " CASE MANAGEMENT STATEMENT 10562067 tit 4V6/2007 10-0829 AM
14:11 Ou. PETRINI, CONRON @ 141567 7@73? P.@4
APR-16-2087
CM-110
PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES | case numper
[DEFENDANT/RESPONDENT:-APRIA HEALTHCARE and CAIRE MEDICAL RGO6286829
and DOES 1 TO 10 '
10. d. The party or parties are willing to participate in (check ail that apply):
(1) Mediation
(2) (__] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 3,822) .
(3) (_] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cai. Rules of Court, rule 3.822)
(4) (__] Binding judicial arbitration
(5) (__] Binding private arbitration
(6) (__] Neutral case evaluation
(7) [_] Other (speci):
e, [__] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit.
f. [__] Plaintiff eects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil
Procedure section 1141.11.
g. L__] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption);
11. Settlament conference
(~"] The party or parties are willing to participate in an early setttement conference (specify when):
12, Insurance
a, na Insurance carrier, if any, for party filing this statement (name): PSM/Magna Carta Insurance Companies
b. Reservation of rights: [— ]Yes =X] No
c. | Coverage issues will significantly affect resolution of this case (explain):
13. Jurisdiction
indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
{_"] Bankruptcy [ ") Other (specify):
Status:
14. 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 14a.
b. (| Amotionto [] consolidate = | coordinate will be filed by (name party):
15. 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):
16. Other motions
j The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Page 2 of 4
M920 [Rew, January1, 2007} CASE MANAGEMENT STATEMENT
10562067tif - 4/16/2007 10:08:32 AN
« APR=A16-2007 10:11 Ou. PETRINI; CONRON Y 14156778737 P.@5
CM-110
PLAINTIFF/PETITIONER: -SM/MAGNA CARTA INSURANCE COMPANIES _| CASE NUMBER:
[DEFENDANT/RESPONDENT, APRIA HEALTHCARE and CAIRE MEDICAL RGO62B6B29
and DOES 1 TO 10 _ .-
17. Discovery
a. |__] The party or parties have completed all discovery.
b. (__] The fallawing discovery will be completed by the date specified (describe ail anticipated discovery):
Party Description Date
Unknown at this time. See
Attachment.
c. The following discovery issues are anticipated (specify):
18. Economic Litigation
a. [__] This is a limited eivil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections $0 through 98 will apply te this case.
b. { This is a timited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specificaly why economic itigation procedures relating to discovery or trial
should not apply to this case):
19. Other issues
(X1] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify)) A formal substitution of counsel, under the circumstances of
the presumec death of William H. Westover as described in the attachment
hereto, has been executed and Filed.
20, Meet and confer
a. | X_| The party or panies have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (# not, explain): See attachment.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
21. Case management orders
Previous case management orders in this case are (check one): [| none attached as Attachment 21.
22. Total number of pages attached (if any): __ 2
lam completely familiar with this case and will be fully prepared te discuss the status of discovery and ADR, 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, wi the written authority of the party where required.
Date: April , 2007
David H. Bremer »
(TYPE OR PRINT NAME} {SIGNATURE OF PARTY OR ATTORNEY)
>
: CPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[| Additional signetures are attached
CM-110 (Raw, danuaty1, 2007] CASE MANAGEMENT STATEMENT Page acta
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10:11 Or. PETRINI; CONRON © 14156778737 P.@6
APR-\16-2007
PETITIONER/PLAINTIFF; PSM/MAGNA CARTA INSURANCE COMPANIES CASE NUMBER:
RESPONDENT/DEFENDANT: APRIA HEALTHCARE and CAIRE MEDICAL an RGO6286829
ATTACHMENT TO CASE MANAGEMENT STATEMENT
3.b.1. Plaintiff's original attorney William Westover of Westover Law
Offices, P.C., 3140 Fourth Avenue, San Diego, CA, 92103, is presumed
lost in a small plane disappearance. Neither Mr. Westover's plane
nor Mr. Westover has been found, and as a consequence Mr. Westover
is presumed to be dead. The plaintiff PSM/Magna Carta Insurance
Companies has retained undersigned counsel to represent its interests
in this case as a consequence of Mr. Westover'’s presumed death.
It has been determined that defendants will not waive formal service
of Summons and Complaint. Accordingly, defendants Apria Healthcare,
Inc. and Caire Medical Systems, Inc. are presently being served
through their respective agents for service of process. Service is
anticipated to have been completed prior to the scheduled Case
Management Conference of May 2, 2007.
17. See response to 3.b.1., above.
solith al
10562007 nF
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APR-16-2887 10:11 Qeov renin. CONRON @ 14156778737 =P.
ros
Superior Court of California, County of Alameda
George E. McDonald Hall of Justice
PSM/Maena Carta Insurance Companies No. RG06286829
PlaintitfPetitionens)
vs Tentative Case Management Order
Apria Healthcare
Defendan/Respondenus)
(Abbreviated Title)
This Tentative Case Management Order is issued by Commissioner Thomas Rasch on 03/06/2007.
ORDER re: CASE MANAGEMENT
The Court has ordered the following after review of the case, including timely filed Case Management
Statements. without a conierence.
FURTHER CASE MANAGEMENT CONFERENCE
A further Case Management Conference is scheduled for 05/02/2007 at 02:00 PM in Dept. 303.
Updated Case Management Statements in compliance with CRC § 3.725 and Alameda County Local
Rules, Chapter 4. on Judicial Council Form CM-110, must be filed no later than 04/17/2007. ‘Téthe
foregoing date is a court holidav or a weekend, the time is extended to the next business day.
All unserved pasties must be served with surumons/complaint/cross-complaint, a copy of this order, and
proof of service filed with the court.
OTHER ORDERS
Plaintiff must file a substitution of attomey form with the court in light of the presumed death of prior
counsel.
NOTICES
The Court orders counsel and/or self-represented parties to obtain a copy of this order from the court's
website hitp://www.alameda.courts.ca.gov/domainweb.
Any delay in the tral, caused by non-compliance with any order contained bereim, shall be the subject of
sanctions pursuant to CCP 177.3.
10662067.tif - 4/16/2007 10:09:32AM |
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Preview
- pencse-aao7 10:10 @brow.rerens, conten ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, end address): @ 7 nanan ‘David H. Bremer, SBN 58874 aL AMEDA cout "N ” PBORTON PETRINI, LLP FILED ALY 535 Pacific Avenue, Suite 201 BPR 16 2081 | San Francisco, CA 94133, 677~=0760 FAXNo. Opn (415) 677-0737 SLERK OF SSup a wn GOGURY TecePHone NO: (4125) E-MAIL ADDRESS (Optoray, Plaintiff whe Ast ATTORNEY FOR wamery PSM/MAGNA CARTA INSURANCE COMPANIES BY Ga pn wd DEPUTY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA | streeraponess: 1225 Fallon Street : MAILING ADORESS: crvanpzpcope. Oakland, CA 94612 BRANCH NAME: PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES CEFENDANT/RESPONDENT. APRIA HEALTHCARE and CAIRE MEDICAL and DOES 1 TO 10 CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [X] UNLIMITED CASE [_] LIMITED CASE (Amount demanded (Amount demanded is 525,000 | RGO6266629 . exceeds $25,000) or less) X A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 05/02/07 Time:2:00 p.m. Dept: 303 Div. Room: Address of court (f different from the address above): George E. McDonald Hall of Justice, 2nd Fl., 22335 Shoreline Dr-., Alameda, CA, 94501 INSTRUCTIONS: All applicable hoxes must be checked, and the specified information must be provided. 1. Party of parties (answer one): a. [X_ This statement is submitted by party (name)PSM/MAGNA CARTA INSURANCE COMPANIES b. ["_ This statement is submitted jointly by parties (names). 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The compiaint was filed on (date): 08/31/06 b. _. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 1 All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed, b. .X°: The following partias named in the complaint or cross-complaint (1) have not been served (specity namas and explain why not): APRIA HEALTHCARE and CAIRE MEDICAL; see attachment 3.b.1. {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): The following additional parties may be added (specify names, natura of involvement in case. and the date by which || they may be served): 4. Description of case ; a. Type of case in complaint [""] eross-complaint (describe, including causes of action): This acticn, sounding in negligence and products liability, seeks to recover damages to property as a consequence of a fire which occured on G2/11/05 at 2257 Pacific Avenue, Alameda, CA, as a result of a oxygen cylinder or tank which malfunctioned, Paga t of a eee Form Adapied for Mandatory Use i ura i CASE MANAGEMENT STATEMENT scien Cal. Rulas of Coun. en 2.7203. 10560067 tif - AGI 007 10°05-3 AM . APRA6-2007 10:16 Os: »PETRINI, CONRON @ 14156778737 P.83 CM-110 PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES | CASE NuMBER |DEFENDANT/RESPONDENT:APRIA HEALTHCARE and CAIRE MEDICAL RGO6296629 and DOES 1 TO 10 4. b. Provide a brief statement of the case, inctuding any damages, (/f persanal injury damages are sought, spacify the injury and damages claimed, including medical expenses to date Jindicate source and amount], estimated future medical expenses, fost eamings to date, and estimated future fost sarnings. If equitable relief is sought, describe the nature of the relief.) This action arises out of a fire which occurred on 02/11/05 at 2257 Pacific Avenue, Unit E, Alameda, CA, 945C1. The damage to the insured property is in excess of $100,000. The fire was caused as a result of a leaking oxygen tank provided by defendants. | (ifmore space is needed, chack this pox and attach @ page designated as Aftachment 4b.) 5. Jury er nonjury trial The party or parties request ajury trial (__] anonjury tial (if more than one party, provide the name of each party requesting a jury trie): 6. Trial date a. | The trial has been set for (date): b. [X_ Neo trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (#7 nol, explain): ¢. 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 (chack ene): a. EX_ days (specify number): 5 b. (__ hours (short causes) (specify): 8. Trial representation (to ba answered for each party) The party or parties will be represented at tra! (X_] by the attorney or party listed in the caption [__] _ by the following: Attorney: oan oe Firm: atom Address: Telephone number: Fax number: E-mail address: Party epresented. [_] Additional rapresentation is described in Attachment 8. 5. Preference This case Is entitled to preference (specify code section): 10. Alternative Dis pute Resolution (ADR) a. Counsel (X]} has [__] has not provided the ADR information package identified in rule 3.221 to the client and has reviewed ADR options with the client. b. [777 All parties have agreed to a form of ADR. ADR will be completed by (date): c. {__} The case has gone te an ADR process (indicate status): anne heen oaney ON " CASE MANAGEMENT STATEMENT 10562067 tit 4V6/2007 10-0829 AM 14:11 Ou. PETRINI, CONRON @ 141567 7@73? P.@4 APR-16-2087 CM-110 PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES | case numper [DEFENDANT/RESPONDENT:-APRIA HEALTHCARE and CAIRE MEDICAL RGO6286829 and DOES 1 TO 10 ' 10. d. The party or parties are willing to participate in (check ail that apply): (1) Mediation (2) (__] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 3,822) . (3) (_] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cai. Rules of Court, rule 3.822) (4) (__] Binding judicial arbitration (5) (__] Binding private arbitration (6) (__] Neutral case evaluation (7) [_] Other (speci): e, [__] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. [__] Plaintiff eects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. g. L__] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption); 11. Settlament conference (~"] The party or parties are willing to participate in an early setttement conference (specify when): 12, Insurance a, na Insurance carrier, if any, for party filing this statement (name): PSM/Magna Carta Insurance Companies b. Reservation of rights: [— ]Yes =X] No c. | Coverage issues will significantly affect resolution of this case (explain): 13. Jurisdiction indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. {_"] Bankruptcy [ ") Other (specify): Status: 14. 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 14a. b. (| Amotionto [] consolidate = | coordinate will be filed by (name party): 15. 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): 16. Other motions j The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Page 2 of 4 M920 [Rew, January1, 2007} CASE MANAGEMENT STATEMENT 10562067tif - 4/16/2007 10:08:32 AN « APR=A16-2007 10:11 Ou. PETRINI; CONRON Y 14156778737 P.@5 CM-110 PLAINTIFF/PETITIONER: -SM/MAGNA CARTA INSURANCE COMPANIES _| CASE NUMBER: [DEFENDANT/RESPONDENT, APRIA HEALTHCARE and CAIRE MEDICAL RGO62B6B29 and DOES 1 TO 10 _ .- 17. Discovery a. |__] The party or parties have completed all discovery. b. (__] The fallawing discovery will be completed by the date specified (describe ail anticipated discovery): Party Description Date Unknown at this time. See Attachment. c. The following discovery issues are anticipated (specify): 18. Economic Litigation a. [__] This is a limited eivil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections $0 through 98 will apply te this case. b. { This is a timited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specificaly why economic itigation procedures relating to discovery or trial should not apply to this case): 19. Other issues (X1] The party or parties request that the following additional matters be considered or determined at the case management conference (specify)) A formal substitution of counsel, under the circumstances of the presumec death of William H. Westover as described in the attachment hereto, has been executed and Filed. 20, Meet and confer a. | X_| The party or panies have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (# not, explain): See attachment. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 21. Case management orders Previous case management orders in this case are (check one): [| none attached as Attachment 21. 22. Total number of pages attached (if any): __ 2 lam completely familiar with this case and will be fully prepared te discuss the status of discovery and ADR, 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, wi the written authority of the party where required. Date: April , 2007 David H. Bremer » (TYPE OR PRINT NAME} {SIGNATURE OF PARTY OR ATTORNEY) > : CPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [| Additional signetures are attached CM-110 (Raw, danuaty1, 2007] CASE MANAGEMENT STATEMENT Page acta 10562067tif - 4/16/2007 10:09:32 AN 10:11 Or. PETRINI; CONRON © 14156778737 P.@6 APR-\16-2007 PETITIONER/PLAINTIFF; PSM/MAGNA CARTA INSURANCE COMPANIES CASE NUMBER: RESPONDENT/DEFENDANT: APRIA HEALTHCARE and CAIRE MEDICAL an RGO6286829 ATTACHMENT TO CASE MANAGEMENT STATEMENT 3.b.1. Plaintiff's original attorney William Westover of Westover Law Offices, P.C., 3140 Fourth Avenue, San Diego, CA, 92103, is presumed lost in a small plane disappearance. Neither Mr. Westover's plane nor Mr. Westover has been found, and as a consequence Mr. Westover is presumed to be dead. The plaintiff PSM/Magna Carta Insurance Companies has retained undersigned counsel to represent its interests in this case as a consequence of Mr. Westover'’s presumed death. It has been determined that defendants will not waive formal service of Summons and Complaint. Accordingly, defendants Apria Healthcare, Inc. and Caire Medical Systems, Inc. are presently being served through their respective agents for service of process. Service is anticipated to have been completed prior to the scheduled Case Management Conference of May 2, 2007. 17. See response to 3.b.1., above. solith al 10562007 nF tf - 4/16/2068 6 APR-16-2887 10:11 Qeov renin. CONRON @ 14156778737 =P. ros Superior Court of California, County of Alameda George E. McDonald Hall of Justice PSM/Maena Carta Insurance Companies No. RG06286829 PlaintitfPetitionens) vs Tentative Case Management Order Apria Healthcare Defendan/Respondenus) (Abbreviated Title) This Tentative Case Management Order is issued by Commissioner Thomas Rasch on 03/06/2007. ORDER re: CASE MANAGEMENT The Court has ordered the following after review of the case, including timely filed Case Management Statements. without a conierence. FURTHER CASE MANAGEMENT CONFERENCE A further Case Management Conference is scheduled for 05/02/2007 at 02:00 PM in Dept. 303. Updated Case Management Statements in compliance with CRC § 3.725 and Alameda County Local Rules, Chapter 4. on Judicial Council Form CM-110, must be filed no later than 04/17/2007. ‘Téthe foregoing date is a court holidav or a weekend, the time is extended to the next business day. All unserved pasties must be served with surumons/complaint/cross-complaint, a copy of this order, and proof of service filed with the court. OTHER ORDERS Plaintiff must file a substitution of attomey form with the court in light of the presumed death of prior counsel. NOTICES The Court orders counsel and/or self-represented parties to obtain a copy of this order from the court's website hitp://www.alameda.courts.ca.gov/domainweb. Any delay in the tral, caused by non-compliance with any order contained bereim, shall be the subject of sanctions pursuant to CCP 177.3. 10662067.tif - 4/16/2007 10:09:32AM | TOTAL P.@7