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 10
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name. Safe Bar number, and address): FOR COWT 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 4/30/2019 2:20 PM
TELEPHONE N0; (209) 472-3668 FAX No. (209) 472-3675
(Optional);
Superior Court of California
ddyer@dyerlawfirm.com
E-MAIL ADDRESS (Optionan: County of Stanislaus
CEMG
ATTORNEY FOR (Name): Plaintiff Clerk of the Court
SUPERIOR COURT or CALIFORNIA, COUNTY or STANISLAUS By: Nicole Nelson, Deputy
STREETADDRess:801 10th Street. 4th Floor
MAILING ADDRESS:
CITYANDZ'PCODE Modesto. CA 95354
BRANCH NAME:
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
DEFENDANTIRESPONDENT: Steven A. Swanger, etal‘
CASE NUMBER:
CASE MANAGEMENT STATEMENT
(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: 05/20/2019 Time: 3:00 p.m. Dept: 21 Div.: Room:
Address of court from the address above):
(if different
m Notice of Intent to Appear by Telephone, by (name): Dustin Dyer. Esq.
INSTRUCTIONS: All applicable boxes must be checked. and tho specified information must be provided.
1. Party or parties (answer one):
Management Group.
a.
b. E This statement
This statement
is
is
submitted by party (name): Plaintiff Capital
submitted Jointly by parties (names):
Equity Inc.
2. Complaint and cross-complaint (to be answered by plaintifis and cross-oomplainants onty)
The complaint was filed on (date): February 03, 2017
a.
b. E The cross-complaint.ifany, was filed on (date):
3. Service (tobe answered by plaintiffs and cross-complainantsonly)
named the complaint and cross-complaint have been sewed. have appeared, or have been dismissed.
a.
b. E All parties
E
The following
(1)
in
partiesnamed in the complaint or cross-complaint
have not been served (specify names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. D The following additional
they may be served):
partiesmay be added (specifynames, nature of involvement incase, and date by which
4. Description of cage
8- Type Ofcase
Civil
m complaint E cross-oomplaint (Describe, including causes ofaction):
Conspiracy to Commit Fraud; Fraud; Breach of Fiduciary Duties; Accou nting; Resulting Trust; Intentional
Interference With Prospective Economic Advantage; Illegal Use of Trade Secrets; Punitive Damages; etc.
POE 1 of 5
Fofidgmmgggmgu CASE MANAGEMENT STATEMENT figuggggd
CM-1 1O 1
.
201
(Rev. July 1] www‘courtscagov
CM-1 10
CASE NUMBER:
_ PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
2023519
DEFENDANT/RESPONDENT: Steven A. Swanger, et al.
4. b. Provide a brief statement of the case, including any damages. (prersonal 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.)
Fraud in the purchasing of investment properties.
E more space
(If isneeded, check box and attach a page designated as Attachment 4b.)
this
5. Jury or nonjury
The
trial
party or parties request
requesting a jury
trial):
E a jurytrial E a nonjury trial. more than one party, provide
(If the name of each party
6.
a.
b.
m
Trial date
m The has been set
trial
No trialdate has been
for (date):
set.This case willbe ready for within
trial 12 months of the date of the
filing of the complaint
(if
not,explain):
c. Dates on which pa rties or attorneys
willnot be available for
trial and
(specify dates explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the
a.
b.
m
E days (specify number):
heurs (short causes) (specify):
take (check one):
trial will
15-20
8. Trial representation (to
The
a.
party or parties
Attorney:
will
be answered foreach
be represented attrial m
party)
by the attorney or party the caption
listed in E by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
Ee. E-mail address:
Additional representationisdescribed inAttachment 8.
g. Party represented:
9.
10.
E
Preference
This case is code
entitled to preference (specify
Alternative dispute resolution (ADR)
section):
a. ADR information package. Please note that different ADR processes are available in different courts and cammunities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court
(1)
and community programs
3.221
in rule
case.
in this
For parties represented by counsel: Counsel
ADR
to the client and reviewed
has D
options with the
has not
client.
provided theADR information package identified
(2) E
For seIf-represented parties: Party has E has not reviewed the ADR informationpackage identified 3.221.
in rule
b.
(1) a
Referral to judicial arbitration or civil action mediationavailable).
(if
This~mIatter is sub'ect to mandatory judicial arpitration under Code of Civil Procedure section 1141.11 or to civil action
mediationl under
statutoryimit
ode of CIVII Procedure section 1775.3 because the amount in controversy does not exceed the
(2) E case to judicial
Plaintiff elects to refer this
Procedure section 1141.1 1.
Civil
arbitrationand agrees amount specified
to limit recovery to the inCode of
(3) m This case is exempt from judicial arbitration under rule 3.811
of the California Rules of Courtor from
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
action
civil
Exceeds statutory limits.
CM'WIR" Ju"1-20‘“
CASE MANAGEMENT STATEMENT "9”“
CM-110
CASE NUMBER
PLAlNTIFF/PETITIONER: Capital Equity Management Group, Inc.
2023519
DEFENDANT/RESPONDENT; Steven A_ Swanger' et 3L
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 already participated
in (checkallthat applyand provide the specified information):
Theparty or parties completing If in the case have agreed to
the party or parties completing this form
form are willing to
this have already compieted an ADR process or processes,
participate in or
ADR
participate in the fol10wing indicate the status of the processes (attach a copy of the parties' ADR
processes (check allthat appiy):stipulation):
Mediation session not yet scheduled
(1)Mediation m DUDE
Mediation session scheduled for (date):
Agreed tocomplete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settiernent conference scheduled for (date):
(2)Settlement [:3
conference DUDE
Agreed tocompiete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3)N eutra
Ieva uation
I
E DUDE
Neutral evaluation scheduled for (date):
Agreed tocomplete neutrai evaluation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
(4) Nonbinding
arb'trat'on
judicial
E DUDE
Agreed tocomplete
scheduled
Judicial arbitration for (date):
by (date):
judicial arbitration
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
(5) Binding private
arb'tratlon
E DUDE
Private arbitration scheduled for (date):
Agreed tocomplete private by (date):
arbitration
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify
):
E DUDE
ADR session
Agreed to
scheduled
complete ADR
for (date):
session by (date):
ADR compieted on (date):
CM—1 10 [Rem
Jufy2011]
1. Page 3 ots
CASE MANAGEMENT STATEMENT
CMAJQ
CASE NUMBER:
PLAINTIFFIPETITIONER: Capital Equity Management Group, Inc.
2023519
DEFENDANT/RESPONDENT: Steven A. Swanger, et aiA
11.
a. a
Insurance
Insurance carrier,
E
if
E
any, for party filing this statement (name):
No
b.
C. EReservation ofrights:
Coverage issues will
Yes
case
significantly affect resolution of this (explain):
12. Jurisdiction
E
Indicate
Status:
any matters
Bankruptcy E
thatmay
Other {specify}:
case and describe the
affect the court's jurisdiction or processing of this status.
13.
a. E
Retated cases, consolidation, and coordination
There are companion, underlying. 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 filed by (name party):
E
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, seven'ng. or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15.Other motions
E The party or parties expect to file the following motions before(specify
trial moving party, type of motion, and issues):
16.
a.
b‘
E
Discovery
The
The
party or parties have compIeted
following discoverywill
alldiscovery
be completed by the date specified (describeallanticipated discovery):
Pm Descrigtjon Date
All Oral and written TBD
c_ m The following discovery issues.
anticipated (specify):
including issues regarding the discovery of electronically stored information, are
CM-110 2011]
[Rev‘ July
1,
CASE MANAGEMENT STATEMENT Page 4 o! 5
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Capital Equity Management Group. Inc.
— 202351 9
DEFENDANT/RESPONDENT: Steven A- Swanger. et a"
17.
a. E
Economic litigation
This is civil case (i.e., the amount demanded is $25,000 or less) and the economic
a limited
Procedure sections 90-98 will apply to this case.
procedures
litigation inCode
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 tn'a/
should not apply to this case):
18.
E
Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. The party or partieshave met and conferred withallpartieson allsubjects required by rule 3.724 of the California Rules
of Court not, explain):
(if
b. After meetingand conferring as required byrule3.724 ofthe California Rules of Court, the parties agree on the following
(specify):
20. Totalnumber ofpages attached any):
(if
Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution.
as we“ as other issues raised by this statement, and will possess the authority to enter into stipulations on thes
issues at the time of
the case management conference, including the written authority of the party where required.
Date: April 29,2019
Dustin Dyer, Esq.
(TYPEOR PRINT NAME)
(TYPE0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-“MRW- 12°"!
Ju'v
CASE MANAGEMENT STATEMENT Wm
CEMG v Swanger, et al
Stanislaus County Superior Court — Case No. 2023519
PROOF OF 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., Suite 119, Stockton, California 95207, which is located in the county where the
mailing described below took place. I am readily familiar with the business practice at my place of
business for collection and processing of correspondence for mailing.
\OOOflaUlhk’JNn—n
On April 30, 2019, 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 fiJlly 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 93 720
P.O. Box 36046, Room 10-0101
San Francisco, CA 94102-3478
Bradley A. Benbrook, Esq.
NNNNNNNNN—An—Iwn—Iflp—AH—IHp—
Gerald E. Brunn, Esq.
Stephen M. Duvemay,
OONQUI-waHOOOONO\MAUJNv—‘O
Esq. Mahanvir S. Sahota, Esq.
Benbrook Law Group, PC Brunn & Flynn
Suite 2530 928 12th Suite 200
400 Capitol Mall, Street,
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
I certify and declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Dated: April 30, 2019
Aura
a
M
L. Tatagiba
4
-1-
PROOF OF SERVICE
Preview
CM-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Safe Bar number, and address): FOR COWT 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 4/30/2019 2:20 PM TELEPHONE N0; (209) 472-3668 FAX No. (209) 472-3675 (Optional); Superior Court of California ddyer@dyerlawfirm.com E-MAIL ADDRESS (Optionan: County of Stanislaus CEMG ATTORNEY FOR (Name): Plaintiff Clerk of the Court SUPERIOR COURT or CALIFORNIA, COUNTY or STANISLAUS By: Nicole Nelson, Deputy STREETADDRess:801 10th Street. 4th Floor MAILING ADDRESS: CITYANDZ'PCODE Modesto. CA 95354 BRANCH NAME: PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc. DEFENDANTIRESPONDENT: Steven A. Swanger, etal‘ CASE NUMBER: CASE MANAGEMENT STATEMENT (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: 05/20/2019 Time: 3:00 p.m. Dept: 21 Div.: Room: Address of court from the address above): (if different m Notice of Intent to Appear by Telephone, by (name): Dustin Dyer. Esq. INSTRUCTIONS: All applicable boxes must be checked. and tho specified information must be provided. 1. Party or parties (answer one): Management Group. a. b. E This statement This statement is is submitted by party (name): Plaintiff Capital submitted Jointly by parties (names): Equity Inc. 2. Complaint and cross-complaint (to be answered by plaintifis and cross-oomplainants onty) The complaint was filed on (date): February 03, 2017 a. b. E The cross-complaint.ifany, was filed on (date): 3. Service (tobe answered by plaintiffs and cross-complainantsonly) named the complaint and cross-complaint have been sewed. have appeared, or have been dismissed. a. b. E All parties E The following (1) in partiesnamed in the complaint or cross-complaint have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. D The following additional they may be served): partiesmay be added (specifynames, nature of involvement incase, and date by which 4. Description of cage 8- Type Ofcase Civil m complaint E cross-oomplaint (Describe, including causes ofaction): Conspiracy to Commit Fraud; Fraud; Breach of Fiduciary Duties; Accou nting; Resulting Trust; Intentional Interference With Prospective Economic Advantage; Illegal Use of Trade Secrets; Punitive Damages; etc. POE 1 of 5 Fofidgmmgggmgu CASE MANAGEMENT STATEMENT figuggggd CM-1 1O 1 . 201 (Rev. July 1] www‘courtscagov CM-1 10 CASE NUMBER: _ PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc. 2023519 DEFENDANT/RESPONDENT: Steven A. Swanger, et al. 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) Fraud in the purchasing of investment properties. E more space (If isneeded, check box and attach a page designated as Attachment 4b.) this 5. Jury or nonjury The trial party or parties request requesting a jury trial): E a jurytrial E a nonjury trial. more than one party, provide (If the name of each party 6. a. b. m Trial date m The has been set trial No trialdate has been for (date): set.This case willbe ready for within trial 12 months of the date of the filing of the complaint (if not,explain): c. Dates on which pa rties or attorneys willnot be available for trial and (specify dates explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the a. b. m E days (specify number): heurs (short causes) (specify): take (check one): trial will 15-20 8. Trial representation (to The a. party or parties Attorney: will be answered foreach be represented attrial m party) by the attorney or party the caption listed in E by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: Ee. E-mail address: Additional representationisdescribed inAttachment 8. g. Party represented: 9. 10. E Preference This case is code entitled to preference (specify Alternative dispute resolution (ADR) section): a. ADR information package. Please note that different ADR processes are available in different courts and cammunities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court (1) and community programs 3.221 in rule case. in this For parties represented by counsel: Counsel ADR to the client and reviewed has D options with the has not client. provided theADR information package identified (2) E For seIf-represented parties: Party has E has not reviewed the ADR informationpackage identified 3.221. in rule b. (1) a Referral to judicial arbitration or civil action mediationavailable). (if This~mIatter is sub'ect to mandatory judicial arpitration under Code of Civil Procedure section 1141.11 or to civil action mediationl under statutoryimit ode of CIVII Procedure section 1775.3 because the amount in controversy does not exceed the (2) E case to judicial Plaintiff elects to refer this Procedure section 1141.1 1. Civil arbitrationand agrees amount specified to limit recovery to the inCode of (3) m This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): action civil Exceeds statutory limits. CM'WIR" Ju"1-20‘“ CASE MANAGEMENT STATEMENT "9”“ CM-110 CASE NUMBER PLAlNTIFF/PETITIONER: Capital Equity Management Group, Inc. 2023519 DEFENDANT/RESPONDENT; Steven A_ Swanger' et 3L 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 already participated in (checkallthat applyand provide the specified information): Theparty or parties completing If in the case have agreed to the party or parties completing this form form are willing to this have already compieted an ADR process or processes, participate in or ADR participate in the fol10wing indicate the status of the processes (attach a copy of the parties' ADR processes (check allthat appiy):stipulation): Mediation session not yet scheduled (1)Mediation m DUDE Mediation session scheduled for (date): Agreed tocomplete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settiernent conference scheduled for (date): (2)Settlement [:3 conference DUDE Agreed tocompiete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3)N eutra Ieva uation I E DUDE Neutral evaluation scheduled for (date): Agreed tocomplete neutrai evaluation by (date): Neutral evaluation completed on (date): scheduled Judicial arbitration not yet (4) Nonbinding arb'trat'on judicial E DUDE Agreed tocomplete scheduled Judicial arbitration for (date): by (date): judicial arbitration completed on Judicial arbitration (date): Private arbitration not yet scheduled (5) Binding private arb'tratlon E DUDE Private arbitration scheduled for (date): Agreed tocomplete private by (date): arbitration Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify ): E DUDE ADR session Agreed to scheduled complete ADR for (date): session by (date): ADR compieted on (date): CM—1 10 [Rem Jufy2011] 1. Page 3 ots CASE MANAGEMENT STATEMENT CMAJQ CASE NUMBER: PLAINTIFFIPETITIONER: Capital Equity Management Group, Inc. 2023519 DEFENDANT/RESPONDENT: Steven A. Swanger, et aiA 11. a. a Insurance Insurance carrier, E if E any, for party filing this statement (name): No b. C. EReservation ofrights: Coverage issues will Yes case significantly affect resolution of this (explain): 12. Jurisdiction E Indicate Status: any matters Bankruptcy E thatmay Other {specify}: case and describe the affect the court's jurisdiction or processing of this status. 13. a. E Retated cases, consolidation, and coordination There are companion, underlying. 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 filed by (name party): E 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, seven'ng. or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15.Other motions E The party or parties expect to file the following motions before(specify trial moving party, type of motion, and issues): 16. a. b‘ E Discovery The The party or parties have compIeted following discoverywill alldiscovery be completed by the date specified (describeallanticipated discovery): Pm Descrigtjon Date All Oral and written TBD c_ m The following discovery issues. anticipated (specify): including issues regarding the discovery of electronically stored information, are CM-110 2011] [Rev‘ July 1, CASE MANAGEMENT STATEMENT Page 4 o! 5 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Capital Equity Management Group. Inc. — 202351 9 DEFENDANT/RESPONDENT: Steven A- Swanger. et a" 17. a. E Economic litigation This is civil case (i.e., the amount demanded is $25,000 or less) and the economic a limited Procedure sections 90-98 will apply to this case. procedures litigation inCode 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 tn'a/ should not apply to this case): 18. E Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. The party or partieshave met and conferred withallpartieson allsubjects required by rule 3.724 of the California Rules of Court not, explain): (if b. After meetingand conferring as required byrule3.724 ofthe California Rules of Court, the parties agree on the following (specify): 20. Totalnumber ofpages attached any): (if Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution. as we“ as other issues raised by this statement, and will possess the authority to enter into stipulations on thes issues at the time of the case management conference, including the written authority of the party where required. Date: April 29,2019 Dustin Dyer, Esq. (TYPEOR PRINT NAME) (TYPE0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“MRW- 12°"! Ju'v CASE MANAGEMENT STATEMENT Wm CEMG v Swanger, et al Stanislaus County Superior Court — Case No. 2023519 PROOF OF 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., Suite 119, Stockton, California 95207, which is located in the county where the mailing described below took place. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing. \OOOflaUlhk’JNn—n On April 30, 2019, 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 fiJlly 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 93 720 P.O. Box 36046, Room 10-0101 San Francisco, CA 94102-3478 Bradley A. Benbrook, Esq. NNNNNNNNN—An—Iwn—Iflp—AH—IHp— Gerald E. Brunn, Esq. Stephen M. Duvemay, OONQUI-waHOOOONO\MAUJNv—‘O Esq. Mahanvir S. Sahota, Esq. Benbrook Law Group, PC Brunn & Flynn Suite 2530 928 12th Suite 200 400 Capitol Mall, Street, 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 I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: April 30, 2019 Aura a M L. Tatagiba 4 -1- PROOF OF SERVICE