On February 03, 2017 a
Party Statement
was filed
involving a dispute between
Capital Equity Management Group Inc,
and
Brenda Gillum,
Carter, Mary Rose,
Carter, William Keith,
Castleberry, George,
Castleberry, Richard,
Clements, Jamee Lynn,
Clements, Rick,
George Castleberry,
Gillum, Brenda,
Jamee Lynn Clements,
Kenneth A Swanger,
Mark Tillotson,
Mary Rose Carter,
Norcal Redevelopment Corp,
Northcutt, Richard,
Northern California Investments Lp,
Richard Castleberry,
Richard Northcutt,
Rick Clements,
Steven A Swanger,
Swan Construction,
Swanger, Kenneth A,
Swanger Properties Llc,
Swanger, Steven A,
Swan Investments Inc,
Tillotson, Mark,
William Keith Carter,
for Fraud: Unlimited
in the District Court of Stanislaus County.
Preview
CM-1 1 0
ATTORNEY OR PARTY WITHOUT ATTORNEY 336 Bar number.
(Name, and address}: FOR COUR? USE ONLY
Michael J. Dyer, Esq. (SBN 109297); Dustin Dyer. Esq. (SBN 274308)
Dyer Law Firm Electronically Filed
5250 Claremont Ave. Suite 119, Stockton, CA 95207 12/11/2018 12:04 PM
rELEPHous m, (209) 472-3668 FAX No. (209) 472-3675
(Optronev:
Superior Court of California
E-MAILADDREss ddyer@dyerlawfirm.com
(Optional): County of Stanislaus
ATTORNEY FOR(Name),
PlaintiffCEMG Clerk of the Court
SUPERIOR COURT 0F CALIFORNIA, counrv or STANISLAUS By: Kimberly Mean, Deputy
STREETADDRESS: 801 10th Street, 4th Floor
MAILING ADDRESS.
AND ZIPCODEI
CITY Modesto, CA 95354
BRANCH NAME.
PLAINTIFF/PETITIONER: Capital Equity Management Group. Inc.
DEFENDANTIRESPONDENT: Steven A. Swanger, et al.
CASE MANAGEMENT STATEMENT ms: numaere‘
(Check one).- UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is $25,000
2023519
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: January 14. 2019 Time: 3:00 p.m. Dept: 21 Div.: Room:
Address of court diffemnl from the address above):
(if
Notice of Intent to Appear by Telephone. by (name): Dustin Dyer. Esq.
INSTRUCTIONS: All applicableboxes must be checked, and the specified lnformatlon must be provided.
1. Party or parties (answer one):
Management Group.
a.
b. E This statement
This statement
is
is
submitted by party (name): PlaintiffCapital Equity
submitted jointly by patties (names):
Inc.
2. Complaint and crosscomplaint (to be answered by plaintiffs and cross-complainants only)
a.
b. E
The compiaint was filed on (date):
The cross—complaint.ifany,
February 03, 201 7
was filed on (date):
3. Sewlcé (to be answered by plaintiffs and cmss-complainantsonly)
named the complaint and cross-complaint have been served, have appeared, or have been dismissed.
a.
b. E All parties
The
(1) E
in
named
following parties inthe complaint or cross—complaint
have no‘ been served (specify names and explain why not):
(2) E have been sewed but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (special names):
c. E The may be added
following additional parties
they may be served):
and date by which
(specify names, nature of involvement in case,
4. Description ofca§e
3- TYPe Ofcase
Civil
In complaint
Conspiracy to Commit Fraud;
E
Fraud;
cross-complaint (Describe, including causes ofaction):
Breach of Fiduciary Duties; Accounting; Resulting Trust; Intentional
Interference With Prospective Economic Advantage; Illegal Use of Trade Secrets; Punitive Damages; etc.
Fug: 5
1 nl
Foflfmfiggmmfl CASE MANAGEMENT STATEMENT eamtguggzgggug
CM-11O 2011]
[Rev‘ Ju‘y
1‘ www.caunscflgov
CM-11O
PLAINTIFF/PETITIONER: Capital Equity Management Group, lnc.
0;:2’3299"
DEFENDANT/RESPONDENT: Steven A. Swanger. et al.
4. b.
(lfpersona/ injury damages are sought, speqify the injury and
Provide a brief statement of the case, including any damages.
damages claimed, includingmedical expenses todate [indicatesource and am0unt], estimated future medical expenses, lost
earnings to date‘and estimated future lost earnings, If equitable relief is sought, describe the nature of the relief.)
Fraud inthe purchasing of investment properties.
E (Ifmore space needed, check
r's thisbox and attach a page designated as Attachment 4b.)
5. Jury or nonjury
The pany
trial
or parties request
requesting a jury
trial):
E a jurytrial E a nonjury trial. name
(Ifmore than one party, provide the of each party
6.
a.
b.
E
Trial date
The trial has been set for (date):
No trial date has been set. This case will be ready 12 months of the date of the filing of the complaint
for trial within (if
not, explain):
c. Dates on which parties or attorneys
wilinot be available for
trial(specify datesand explain reasonsfor unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
15'20
a.
b‘ E days (specify number):
hours (short causes) (specify):
8. Trial
The
a.
representation
party or patties
Attorney:
(to
willbe represented at trialm
be answered for each party)
by the attorney or party the caption
listed in E by thefollowing:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
E
e. E—mail address:
Additional representation
isdescribed inAttachment 8.
g. Party represented:
9.
10.
D
Preference
This case is
Alternative dispute resolution (ADR)
code
entitled to preference (specify section):
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 3.221for information about the processes available through the
court
(1)
and community programs case.
in this
For parties represented by counsei: Caunsel
ADR
3.221 to the client and reviewed
in rule
has E
options with the
has not
client.
provided theADR information package identified
(2) m
For seIf-represented parties: Party has E
action mediation
has not reviewed theADR informationpackage identified 3.221.
in rule
b.
(1) D
Referral to judicial arbitration or
civil available).
(if
This_m_atter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action
mediatlonl under
statutoryimit.
ode of Civil Procedure sectlon 1775.3 because the amount in controversy does not exceed the
(2) E case
Plaintiff elects to refer this
Procedure section 1141
Civil .
and agrees
to judicial arbitration
1 1.
amount specified
to limit recovery to the inCode of
(3) E of the California Rules of Courtor from
This pase is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
action
civil
Exceeds statutory limits.
Page 2 DIS
CM—110 2011]
iRev‘ July
1,
CASE MANAGEMENT STATEMENT
CM-1 1 0
CASE NUMBER‘
PLA'NT'FF/PETIT'ONERI Capital Equity ManagementGroup.
_ Inc.
2023519
DEFENDANT/RESPONDENT: Steven A_ Swanger' et at
10. c. ADR process or processes that the
Indicate the in,have agreed
party or patties are willing to participate to participate or
in,
have alreadyparticipatedin (checkallthat applyand provide the specified information):
The party or parties completing in the case have agreed to
the party or parties completing this form
1f
thisform are willing to have already compteted an ADR process or processes.
participate in or
ADR
participate in the following indicate the status of the processes (attach a copy of the parties' ADR
processes (check allthat apply): stipulation):
Mediation session not yet scheduled
(1)
_ .
Mediatlon - DUDE
Mediation session scheduled for (date):
Agreed tocomplete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
conference
m DUDEI
Settlement conference scheduled for (date):
Agreed tocomplete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3)N eu tra
eva ua
I I
t.
Ion D DUDE
Neutral evaluation scheduled for (date):
Agreed to comp!ete neutral evaluation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
(4) Nonbinding judicial
arb'tratlon
D DUDE
Agreed to
scheduled
Judicial arbitration
complete
for (date):
judicial arbitration
by (date):
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
(5) Binding private
arb'trat'on
D DDDD
Private arbitration scheduled for (date):
Agreed to complete privatearbitration
by (date);
on
Private arbitration completed (date):
ADR session not yet scheduled
(6)0th er ( spec!Ty)
:
D DUDE
ADR
Agreed
session scheduled for (date):
to complete ADR session by (date):
ADR completed on (date):
CM-1 10 201
[Rev. July
1. 1| Page3 of 5
CASE MANAGEMENT STATEMENT
cMflJn
PLAINTIFF/PETITlONER: Capital Equity Management Group. Inc.
— (3:22???
2
DEFENDANTIRESPONDENT: Steven A. Swanger, et al,
11.
a. D
Insurance
Insurance carrier,
E
if
Yes E
any, for party filing this statement (name):
No
b.
c, EReservation ofrights:
Coverage issues willsignificantly affect resolution of this case (explain):
12‘ Jurisdiction
case and describe the
E
Indicateany matters
Bankruptcy E
thatmay affect the court's jurisdiction or processing of this
Other (specify):
status.
Status:
13.
a_ E
Related cases, consolidation, and coordination
There are companion, under1ying, or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4) Status:
b.
E
E
Additional cases are described
A motion to E
in
consolidate
Attachment 13a
E coordinate willbe by (name party):
filed
14‘
EBifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
moving
action (specify and reasons):
party, type of motion,
Other motions
15.
E The party or parties expect to file the following motions before{specify
trial moving and issues):
party, type of motion,
16.
a.
b.
D
Discovery
The
The
have completed
party or parties
following discoverywili
alldiscovery.
be completed by the date specified (describeallanticipated discovery):
Pam Descrigtion Date
All Oral and written TBD
Q E The following discovery issues. including issues regarding the discovery of electronically stored information. are
anticipated (specifl):
CM-1 1O [Rev
Juiy2011]
1.
CASE MANAGEMENT STATEMENT M5
Page 4
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Capital Equity Management Group. Inc.
— 202351 9
DEFENDANT/RESPONDENT: S‘even A- Swangel’. 8t al-
17.
a. E
Economic litigation
This is civil case (i.e.. the amount demanded is $25.000 or
a limited
Procedure sections 90-98 will apply to this case.
less)and the economic procedures
litigation in Code
b. E of Civil
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.
E
Other issues
The be considered or determined
party or parties request that the following additional matters
conference (specify):
at thecase management
19. Meet and confer
a. The party or parties havemet and conferred withallpartieson allsubjects required by rule 3.724 of the California Rules
of Court not, explain):
(if
b. After meeting and conferring as required by
rule3.724 of the California Rules of Court. the parties agree on the following
(specify):
20. Totalnumber of pages attached any):
(if
Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemativdispute
esolution.
.’
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on th the time of
the case management conference. including the written authority of the party where required.
Date: December 11. 201 8
Dustin Dyer. Esq.
OR PRINT NAME)
(TYPE
0R PRINT NAME) (SIGNATURE OF PARTY OR ATI'ORNEY)
E
(TYPE
Additional signatures are attached.
CM-no (Rev.
July 1. 2011]
CASE MANAGEMENT STATEMENT P-oe 5 of 5
CEMG v Swanger, et a1
Stanislaus County Superior Court — Case No. 2023519
PROOF 0F SERVICE
I, Aura L. Tatagiba, certify and declare as follows:
I am over the age of 18 years, and not a party to this action. My business address is 5250
Claremont Ave. #1 19, Stockton, California 95207, which is located in the county where the mailing
I am readily familiar with the business practice
at my place of business
described below took place.
for collection and processing of correspondence for mailing.
\OOO\JC\M#LHNt—‘
On December 11, 2018, at my place of business a copy of the following: CASE
MANAGEMENT STATEMENT, I caused to be served in the ordinary course of business as
follows:
[X] BY U.S. MAIL - with the United States Postal Service in a sealed envelope, with postage
thereon fully prepaid.
[ ]
BY FEDERAL EXPRESS/OVERNIGHT MAIL in a sealed envelope, with postage
thereon fully prepaid. [Code Civil Proc., §§ 1013©, 20155.]
The envelope was addressed as follows:
Kelsey C. Linnett, Esq. D. Greg Durbin, Esq.
Jennifer Hane, Esq. Scott J. Ivy, Esq.
Trial Attorneys Devon R. McTeer, Esq.
United States Department of Justice McCormick, Barstow, Sheppard, et al
Antitrust Division 7647 North Fresno Street
450 Golden Gate Avenue Fresno, California 93720
P.O. Box 36046, Room 10-0101
San Francisco, CA 94102-3478
NNNNNNNNNv—A—Ir—bp—I—au—Ap—au—n—t—A
Bradley A. Benbrook, Esq. Gerald E. Brunn, Esq.
Stephen M. Duvernay, Esq. Mahanvir S. Sahota, Esq.
WQOU‘hWN—‘OOWVONM#UJN~O
Benbrook Law Group, PC Brunn & Flynn
400 Capitol Mall, Suite 2530 928 12th Street, Suite 200
Sacramento, CA 95814 Modesto, CA 95354
William H. Parish. Esq.
Erin Guy Castillo, Esq.
Parish Guy & Castillo
1919 Grand Canal Blvd., Suite A-5
Stockton, CA 95207
Icertify and declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
l'
.
L’M I
‘
Dated: December 11, 201 8
Aura L. Tatagiba
_1-
PROOF OF SERVICE
Preview
CM-1 1 0 ATTORNEY OR PARTY WITHOUT ATTORNEY 336 Bar number. (Name, and address}: FOR COUR? USE ONLY Michael J. Dyer, Esq. (SBN 109297); Dustin Dyer. Esq. (SBN 274308) Dyer Law Firm Electronically Filed 5250 Claremont Ave. Suite 119, Stockton, CA 95207 12/11/2018 12:04 PM rELEPHous m, (209) 472-3668 FAX No. (209) 472-3675 (Optronev: Superior Court of California E-MAILADDREss ddyer@dyerlawfirm.com (Optional): County of Stanislaus ATTORNEY FOR(Name), PlaintiffCEMG Clerk of the Court SUPERIOR COURT 0F CALIFORNIA, counrv or STANISLAUS By: Kimberly Mean, Deputy STREETADDRESS: 801 10th Street, 4th Floor MAILING ADDRESS. AND ZIPCODEI CITY Modesto, CA 95354 BRANCH NAME. PLAINTIFF/PETITIONER: Capital Equity Management Group. Inc. DEFENDANTIRESPONDENT: Steven A. Swanger, et al. CASE MANAGEMENT STATEMENT ms: numaere‘ (Check one).- UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is $25,000 2023519 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: January 14. 2019 Time: 3:00 p.m. Dept: 21 Div.: Room: Address of court diffemnl from the address above): (if Notice of Intent to Appear by Telephone. by (name): Dustin Dyer. Esq. INSTRUCTIONS: All applicableboxes must be checked, and the specified lnformatlon must be provided. 1. Party or parties (answer one): Management Group. a. b. E This statement This statement is is submitted by party (name): PlaintiffCapital Equity submitted jointly by patties (names): Inc. 2. Complaint and crosscomplaint (to be answered by plaintiffs and cross-complainants only) a. b. E The compiaint was filed on (date): The cross—complaint.ifany, February 03, 201 7 was filed on (date): 3. Sewlcé (to be answered by plaintiffs and cmss-complainantsonly) named the complaint and cross-complaint have been served, have appeared, or have been dismissed. a. b. E All parties The (1) E in named following parties inthe complaint or cross—complaint have no‘ been served (specify names and explain why not): (2) E have been sewed but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (special names): c. E The may be added following additional parties they may be served): and date by which (specify names, nature of involvement in case, 4. Description ofca§e 3- TYPe Ofcase Civil In complaint Conspiracy to Commit Fraud; E Fraud; cross-complaint (Describe, including causes ofaction): Breach of Fiduciary Duties; Accounting; Resulting Trust; Intentional Interference With Prospective Economic Advantage; Illegal Use of Trade Secrets; Punitive Damages; etc. Fug: 5 1 nl Foflfmfiggmmfl CASE MANAGEMENT STATEMENT eamtguggzgggug CM-11O 2011] [Rev‘ Ju‘y 1‘ www.caunscflgov CM-11O PLAINTIFF/PETITIONER: Capital Equity Management Group, lnc. 0;:2’3299" DEFENDANT/RESPONDENT: Steven A. Swanger. et al. 4. b. (lfpersona/ injury damages are sought, speqify the injury and Provide a brief statement of the case, including any damages. damages claimed, includingmedical expenses todate [indicatesource and am0unt], estimated future medical expenses, lost earnings to date‘and estimated future lost earnings, If equitable relief is sought, describe the nature of the relief.) Fraud inthe purchasing of investment properties. E (Ifmore space needed, check r's thisbox and attach a page designated as Attachment 4b.) 5. Jury or nonjury The pany trial or parties request requesting a jury trial): E a jurytrial E a nonjury trial. name (Ifmore than one party, provide the of each party 6. a. b. E Trial date The trial has been set for (date): No trial date has been set. This case will be ready 12 months of the date of the filing of the complaint for trial within (if not, explain): c. Dates on which parties or attorneys wilinot be available for trial(specify datesand explain reasonsfor unavailability): 7. Estimated length of trial The party or parties estimate that the take (check one): trial will 15'20 a. b‘ E days (specify number): hours (short causes) (specify): 8. Trial The a. representation party or patties Attorney: (to willbe represented at trialm be answered for each party) by the attorney or party the caption listed in E by thefollowing: b. Firm: c. Address: d. Telephone number: f. Fax number: E e. E—mail address: Additional representation isdescribed inAttachment 8. g. Party represented: 9. 10. D Preference This case is Alternative dispute resolution (ADR) code entitled to preference (specify section): 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 3.221for information about the processes available through the court (1) and community programs case. in this For parties represented by counsei: Caunsel ADR 3.221 to the client and reviewed in rule has E options with the has not client. provided theADR information package identified (2) m For seIf-represented parties: Party has E action mediation has not reviewed theADR informationpackage identified 3.221. in rule b. (1) D Referral to judicial arbitration or civil available). (if This_m_atter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediatlonl under statutoryimit. ode of Civil Procedure sectlon 1775.3 because the amount in controversy does not exceed the (2) E case Plaintiff elects to refer this Procedure section 1141 Civil . and agrees to judicial arbitration 1 1. amount specified to limit recovery to the inCode of (3) E of the California Rules of Courtor from This pase is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): action civil Exceeds statutory limits. Page 2 DIS CM—110 2011] iRev‘ July 1, CASE MANAGEMENT STATEMENT CM-1 1 0 CASE NUMBER‘ PLA'NT'FF/PETIT'ONERI Capital Equity ManagementGroup. _ Inc. 2023519 DEFENDANT/RESPONDENT: Steven A_ Swanger' et at 10. c. ADR process or processes that the Indicate the in,have agreed party or patties are willing to participate to participate or in, have alreadyparticipatedin (checkallthat applyand provide the specified information): The party or parties completing in the case have agreed to the party or parties completing this form 1f thisform are willing to have already compteted an ADR process or processes. participate in or ADR participate in the following indicate the status of the processes (attach a copy of the parties' ADR processes (check allthat apply): stipulation): Mediation session not yet scheduled (1) _ . Mediatlon - DUDE Mediation session scheduled for (date): Agreed tocomplete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement conference m DUDEI Settlement conference scheduled for (date): Agreed tocomplete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3)N eu tra eva ua I I t. Ion D DUDE Neutral evaluation scheduled for (date): Agreed to comp!ete neutral evaluation by (date): Neutral evaluation completed on (date): scheduled Judicial arbitration not yet (4) Nonbinding judicial arb'tratlon D DUDE Agreed to scheduled Judicial arbitration complete for (date): judicial arbitration by (date): completed on Judicial arbitration (date): Private arbitration not yet scheduled (5) Binding private arb'trat'on D DDDD Private arbitration scheduled for (date): Agreed to complete privatearbitration by (date); on Private arbitration completed (date): ADR session not yet scheduled (6)0th er ( spec!Ty) : D DUDE ADR Agreed session scheduled for (date): to complete ADR session by (date): ADR completed on (date): CM-1 10 201 [Rev. July 1. 1| Page3 of 5 CASE MANAGEMENT STATEMENT cMflJn PLAINTIFF/PETITlONER: Capital Equity Management Group. Inc. — (3:22??? 2 DEFENDANTIRESPONDENT: Steven A. Swanger, et al, 11. a. D Insurance Insurance carrier, E if Yes E any, for party filing this statement (name): No b. c, EReservation ofrights: Coverage issues willsignificantly affect resolution of this case (explain): 12‘ Jurisdiction case and describe the E Indicateany matters Bankruptcy E thatmay affect the court's jurisdiction or processing of this Other (specify): status. Status: 13. a_ E Related cases, consolidation, and coordination There are companion, under1ying, or related cases. (1)Name of case: (2)Name of court: (3)Case number: (4) Status: b. E E Additional cases are described A motion to E in consolidate Attachment 13a E coordinate willbe by (name party): filed 14‘ EBifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of moving action (specify and reasons): party, type of motion, Other motions 15. E The party or parties expect to file the following motions before{specify trial moving and issues): party, type of motion, 16. a. b. D Discovery The The have completed party or parties following discoverywili alldiscovery. be completed by the date specified (describeallanticipated discovery): Pam Descrigtion Date All Oral and written TBD Q E The following discovery issues. including issues regarding the discovery of electronically stored information. are anticipated (specifl): CM-1 1O [Rev Juiy2011] 1. CASE MANAGEMENT STATEMENT M5 Page 4 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Capital Equity Management Group. Inc. — 202351 9 DEFENDANT/RESPONDENT: S‘even A- Swangel’. 8t al- 17. a. E Economic litigation This is civil case (i.e.. the amount demanded is $25.000 or a limited Procedure sections 90-98 will apply to this case. less)and the economic procedures litigation in Code b. E of Civil 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. E Other issues The be considered or determined party or parties request that the following additional matters conference (specify): at thecase management 19. Meet and confer a. The party or parties havemet and conferred withallpartieson allsubjects required by rule 3.724 of the California Rules of Court not, explain): (if b. After meeting and conferring as required by rule3.724 of the California Rules of Court. the parties agree on the following (specify): 20. Totalnumber of pages attached any): (if Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemativdispute esolution. .’ as well as other issues raised by this statement, and will possess the authority to enter into stipulations on th the time of the case management conference. including the written authority of the party where required. Date: December 11. 201 8 Dustin Dyer. Esq. OR PRINT NAME) (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATI'ORNEY) E (TYPE Additional signatures are attached. CM-no (Rev. July 1. 2011] CASE MANAGEMENT STATEMENT P-oe 5 of 5 CEMG v Swanger, et a1 Stanislaus County Superior Court — Case No. 2023519 PROOF 0F SERVICE I, Aura L. Tatagiba, certify and declare as follows: I am over the age of 18 years, and not a party to this action. My business address is 5250 Claremont Ave. #1 19, Stockton, California 95207, which is located in the county where the mailing I am readily familiar with the business practice at my place of business described below took place. for collection and processing of correspondence for mailing. \OOO\JC\M#LHNt—‘ On December 11, 2018, at my place of business a copy of the following: CASE MANAGEMENT STATEMENT, I caused to be served in the ordinary course of business as follows: [X] BY U.S. MAIL - with the United States Postal Service in a sealed envelope, with postage thereon fully prepaid. [ ] BY FEDERAL EXPRESS/OVERNIGHT MAIL in a sealed envelope, with postage thereon fully prepaid. [Code Civil Proc., §§ 1013©, 20155.] The envelope was addressed as follows: Kelsey C. Linnett, Esq. D. Greg Durbin, Esq. Jennifer Hane, Esq. Scott J. Ivy, Esq. Trial Attorneys Devon R. McTeer, Esq. United States Department of Justice McCormick, Barstow, Sheppard, et al Antitrust Division 7647 North Fresno Street 450 Golden Gate Avenue Fresno, California 93720 P.O. Box 36046, Room 10-0101 San Francisco, CA 94102-3478 NNNNNNNNNv—A—Ir—bp—I—au—Ap—au—n—t—A Bradley A. Benbrook, Esq. Gerald E. Brunn, Esq. Stephen M. Duvernay, Esq. Mahanvir S. Sahota, Esq. WQOU‘hWN—‘OOWVONM#UJN~O Benbrook Law Group, PC Brunn & Flynn 400 Capitol Mall, Suite 2530 928 12th Street, Suite 200 Sacramento, CA 95814 Modesto, CA 95354 William H. Parish. Esq. Erin Guy Castillo, Esq. Parish Guy & Castillo 1919 Grand Canal Blvd., Suite A-5 Stockton, CA 95207 Icertify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. l' . L’M I ‘ Dated: December 11, 201 8 Aura L. Tatagiba _1- PROOF OF SERVICE