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-11O
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, end address): EnD I‘I‘HDY ”N: NW V
William H. Parish (SBN-95913)
PARISH GUY CASTILLO, PC Electronically Filed
1919 Grand Canal Boulevard Suite A—S 8/24/2018 3:18 PM
Stockton, CA 95207 Superior Court of California
TELEPHONE No‘: (209) 952- 1 992 FAX No (Optional);(209) 952-0250 County of Stanislaus
E-MAILADDRESS (Optional): parish@parishlegal.com Clerk of the Court
ATTORNEY FOR (Name): Defendants NorCal Redevelopment Corp., Richard Castleberry; George Castleberr} By: Lindsey Stringfellow, Deputy
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Stanislaus
STREET ADDRESS: 800 1 1th Street
MAILING ADDRESS: Modesto, 95354
CITY AND ZIP CODE:
BRANCH NAME Modesto / Juzgado Central
'PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
DEFENDANT/RESPONDENT: Steven A' Swanger; et a1.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is $25,000
2023 5 1 9
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:September 10, 2018 Time: 3:00 pm Dept; 21 Div.: Room:
Address of coud (if different from the address above):
m Notice of Intent to Appear by Telephone, by (name):William H. Parish
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Defendants NorCal Redevelopment C0rp,,
1.
a.
b.
m
Party or parties (answer one):
E This staiement
This statement
is
is
submitted by pany (name):Richard Castleberry
submitted jointly by parties (names):
and George Castleberry
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only)
a.
b. E
The complaint was filed on (date):
The cross-complaint, if any, was filed on (date):
3. Service
a. E
E
(to be answered by plaintiffs and cross—complainants
All parties
The
named in
only)
the complaint and cross-complaint have been served, have appeared, or have been dismissed.
named
b.
(1) E
following parties in the complaint or cross—complaint
have not 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 (specify names):
c. E The
they
following additional parties
may be served):
may be added (specify names, nature of involvement in case, and date by which
4. Description of ca_se
a. TYPE 0f case
Second Amended Complaint
In E complaint
for
E
Damages
cross—complaint
for: Civil
(Describe, including causes ofaction):
Conspiracy to Commit Fraud, [?raud, Breach 0f
Fiduciary Duties, Accounting, Resulting Trust, Inentional Interference with Prospective Economic
Advantage; Illegal use 0f Trade Secrets; and Punitive Damages; Breach 0f Contract. Page 1 M5
Form Adopted for Mandalory Use
Jumcial Council ol California
CASE MANAGEMENT STATEMENT Cal Rules of Court.
rules 3 720—3 730
CM7110 [Rev July 1‘ 2011] www.couns ca gOV
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc.
2023 5 1 9
DEFENDANT/RESPONDENT:Steven A. Swanger; et a1.
4. b. Provide a brief statement of the case, including any damages (prersona/ 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.)
Plaintiff alleges that defendants conspired to divert business opportumties.
E (If more space is needed, check this box and attach a page designated as Attachment 4b‘)
Jury or nonjury
The pany
requesting a jury
trial
or patties request
trial):
m a jury trial E a nonjury trial. (If more than one party, provide the name of each party
a.
b‘
Trial
E
m
date
The
No
trial
trial
has been set
date has been
for (date):
set. This case will be ready for trial within 12 months ofthe date of the filing ofthe complaint (if
not, explain):
c. Dates on whichgarties or attorne s will not be available for trialsgear}! dares and ex lain reasons for unavailabifir J:
{s
9/10/18- 9/1 /]8 Tlial; 10/ /18- 10/12/18 Trial; 11/ l1 8 - 12/14/18 rial; 1122/19 2/15/19 lial;
3/4/I 9- 3/13/1 9 Trial; 4/1 5/1 9 Trial; 6/3/1 9- 6/7/19 Trial; and 7/15/19 -7/23/19 Trial
Estimated length of trial
The
a_
b‘
E
party or parties estimate that the
E days (specify number).'15
hours (short causes) (specify):
trial wi||
days
take (check one).
Trial
The
a,
representation
party or parties
Attorney:
will
(to be answered
be represented
for
at
each
trial
party)
[Z] by the attorney or party listed in the caption E by the following:
b Firm:
c. Address:
d Telephone number: f, Fax number;
D
e E‘ma” addresg
Additional representation is described in Attachment 8.
g. Party represented:
E
Preference
This case
10. Alternative dispute resolution
is entitled to preference (specify code section):
(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
(‘1)
in rule
community programs
For parties represented by counsel: Counsel
3.221 to the client and reviewed
in this
E E
case.
ADR options with the
has
client.
has not provided the ADR information package identified
(2) For self—represented parties: Party E E has has not reviewed the ADR information package identified in rule 3.221.
b.
(1) E
Referral to judicial arbitration or civil action mediation (if available).
This matter Is sutgect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 Drto civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) E Civil
case to
Plaintiff elects to refer this
Procedure section 1141 .1 1.
judicial arbitration and agrees to limit recovery to the amount specified in Code 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 e t seq (p s ecify exemp Zion’ .
.'
CRC 3.811(b)(8)
civil action
CM-“O 2m" P39“ “5
IREV-JU'V 1v
CASE MANAGEMENT STATEMENT
CM-110
CASE “UMBER
PLAINTIFF/PETWONERI Capital Equity Management Group, Inc.
__
DEFENDANT/RESPONDENT:Steven A. swanger; et a1. 2023519
10. c. Indicate the ADR process or processes that the party or parties are wilting to participate in, have agreed to panicipate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing Ifthe pany in the case have agreed to
or parties completing this form
this form are willing to participate in orhave already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parfies’ ADR
processes (check all lhat apply): stipulation):
Mediation session not yet scheduled
(1) Mediation
E DUDE
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement Settlement conference scheduled for (date):
(2)
conference UDDD
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
DUDE]
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Nonbinding
Judicial arbitration scheduled for (date):
(4) judicial
arbitration
DUDE
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration
DUDE
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): DUDE
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-11o [Rev July 1. 201 1)
Page 3 nf 5
CASE MANAGEMENT STATEMENT
CM:_’L1.Q
CASE NUMBER
PLAiNTlFF/PETITIONERICapital Equity Management Group, Inc.
DEFENDANT/RESPONDENT;Steven A, swanger; et a1.
2023519
11.
a. D
Insurance
Insurance carrier,
E
if any, for party
E filing this statement (name):
b.
c. E
Reservation of rights:
Coverage issues will
Yes No
significantly affect resolution of this case (explain):
.
12‘ Jurisdiction
E
Indicate
Status:
Bankruptcy D
any matters that may affect the court's jurisdiction or processing of this
Other (specify):
case and describe the status.
13.
a. E
Related cases. consolidation, and coordination
There are companion, underlying, or related casesr
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
b.
E
E
Additional cases are described
A motion to E consolidate
in Attachment 13a
E coordinate will be filed by (name parfy):
E
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
E The party or parfies expect to file the following motions before trial (specify moving party, type ofmotion, and issues):
16.
a. D
Discovery
mm The
The
party or parties have completed all discovery.
be completed by the date specified (describe
b. following discovery
Castleberry/Norcal
will
Description
Written discovery
all anticipated discovery):
M
per code
Castleberry/Norcal Deposition of Plaintiff per code
c_ D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
0M4 1o [Rev.Ju1y Page‘ms
1, 2011]
CASE MANAGEMENT STATEMENT
CM-1 10
CASE NUMBER:
PLA‘NT'FF’PET'TIONERI Capital Equity Management Group, Inc.
DEFENDANT/RESPONDENT: Steven A. Swanger; et a1.
20235 1 9
Economic
17.
a, E litigation
This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic
Procedure sections 90-98 will apply to this case.
litigation procedures in Code
E
of Civil
b‘ 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 party or parties request that the following additional matters be considered or determined
conference (specify):
at the case management
19‘
a. E
Meet and confer
The party
of Court
or parties
{if
have met and conferred with
not, explain):
all parties on all subjects required by rule 3.724 of the California Rules
b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
|am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative 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 ofthe party where required.
DaterAugust 24, 201 8
William H. Parish
(TYPE OR PR‘NT NAME)
b flim/M (SIGNATURE OF PARTY OR ATTORNEY)
OR PRINT NAME)
E
(TYPE {SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-“O [Rev My 1-201” CASE MANAGEMENT STATEMENT Page 5°”
PROOF OF SERVICE
Capital Equity Management Croup, Inc. v. Swanger; et al.
Stanislaus Count County Superior Court, Case N0. 2023519
I hereby certify that I am a citizen of the United States, ovcr the age 0f eighteen years, and not a
party to the within action. My business address is 1919 Grand Canal Boulevard, Suite A-S, Stockton,
California, 95207, which is located in the county where the service described below occurred.
On this date, August 24, 2018, I served the foregoing document entitled:
CASE MANAGEMENT STATEMENT
I served the document 0n:
VIA FIRST CLASS MAIL: VIA FIRST CLASS MAIL:
Attorneysfor Plaintiff Kelsey C. Linnett
Mr. Dustin J. Dyer Jennifer Hane
D—‘
O
Dyer Law Firm Trial Attorneys
D—‘
H 5250 Claremont Avenue, Suite 119 United States Department 0f Justice
Stockton, CA 95207 Antitrust Division
PC
H N Email: ddyer@dyerlawfirm.com 450 Golden Gate Avenue
A-S
14
P.O. Box 36046, Room 10-0101
D—‘ La)
CASTILLO,
Suite
,
9520748] 95241992
95241250
San Francisco, CA 94102-3478
Blvd
(209)
(209) H A
Canal
California
VIA FIRST CLASS MAIL: VIA FIRST CLASS MAIL:
GUY
Grand
Telephonel Facsimilc: ,_A {J1
Bradley A. Benbrook Gerald E. Brunn
Stockton,
l919
Stephen M. Duvernay Mahanvir S. Sahota
PARISH
’—‘ O\
Benbrook Law Group PC Brunn & Flynn
400 Capital Mall, Suite 2530 928 12‘“ Street, Suite 200
H fl
Sacramento, CA 95814 Modesto, CA 95354
'—‘ 0° Email: brad@benbrooklawgr0up.com
steve@benbr00klawgr0up. com
>—‘
\O
[\J
O
E FIRST CLASS USPS MAIL: by enclosing the documents in a sealed envelope with postage
thereon fully prepaid, into a box designated by my employer for collection and processing 0f
N ‘—‘
correspondence for mailing with the United States Postal Service, addressed as set forth below.
NN l am readily familiar with the business practices 0f my employer, PARISH GUY CASTILLO,
PC, for the collection and processing 0f correspondence for mailing with the United States Postal
[\J
la.)
Service. Under that practice, the correspondence placed in the designated box is deposited With
the United States Postal Service at Stockton, California, the same day in the ordinary course of
N 4;
business.
[\J L11
l declare under penalty of perjury under the laws ELI- = : f California that the foregoing is
[\J O\ true and correct.
[\J
N
TEEDA s UP
[\J
m
PROOF OF SERVICE — CASE MANGEMENT STATEMENT
Preview
CM-11O ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, end address): EnD I‘I‘HDY ”N: NW V William H. Parish (SBN-95913) PARISH GUY CASTILLO, PC Electronically Filed 1919 Grand Canal Boulevard Suite A—S 8/24/2018 3:18 PM Stockton, CA 95207 Superior Court of California TELEPHONE No‘: (209) 952- 1 992 FAX No (Optional);(209) 952-0250 County of Stanislaus E-MAILADDRESS (Optional): parish@parishlegal.com Clerk of the Court ATTORNEY FOR (Name): Defendants NorCal Redevelopment Corp., Richard Castleberry; George Castleberr} By: Lindsey Stringfellow, Deputy SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Stanislaus STREET ADDRESS: 800 1 1th Street MAILING ADDRESS: Modesto, 95354 CITY AND ZIP CODE: BRANCH NAME Modesto / Juzgado Central 'PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc. DEFENDANT/RESPONDENT: Steven A' Swanger; et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is $25,000 2023 5 1 9 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:September 10, 2018 Time: 3:00 pm Dept; 21 Div.: Room: Address of coud (if different from the address above): m Notice of Intent to Appear by Telephone, by (name):William H. Parish INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Defendants NorCal Redevelopment C0rp,, 1. a. b. m Party or parties (answer one): E This staiement This statement is is submitted by pany (name):Richard Castleberry submitted jointly by parties (names): and George Castleberry 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only) a. b. E The complaint was filed on (date): The cross-complaint, if any, was filed on (date): 3. Service a. E E (to be answered by plaintiffs and cross—complainants All parties The named in only) the complaint and cross-complaint have been served, have appeared, or have been dismissed. named b. (1) E following parties in the complaint or cross—complaint have not 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 (specify names): c. E The they following additional parties may be served): may be added (specify names, nature of involvement in case, and date by which 4. Description of ca_se a. TYPE 0f case Second Amended Complaint In E complaint for E Damages cross—complaint for: Civil (Describe, including causes ofaction): Conspiracy to Commit Fraud, [?raud, Breach 0f Fiduciary Duties, Accounting, Resulting Trust, Inentional Interference with Prospective Economic Advantage; Illegal use 0f Trade Secrets; and Punitive Damages; Breach 0f Contract. Page 1 M5 Form Adopted for Mandalory Use Jumcial Council ol California CASE MANAGEMENT STATEMENT Cal Rules of Court. rules 3 720—3 730 CM7110 [Rev July 1‘ 2011] www.couns ca gOV CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Capital Equity Management Group, Inc. 2023 5 1 9 DEFENDANT/RESPONDENT:Steven A. Swanger; et a1. 4. b. Provide a brief statement of the case, including any damages (prersona/ 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.) Plaintiff alleges that defendants conspired to divert business opportumties. E (If more space is needed, check this box and attach a page designated as Attachment 4b‘) Jury or nonjury The pany requesting a jury trial or patties request trial): m a jury trial E a nonjury trial. (If more than one party, provide the name of each party a. b‘ Trial E m date The No trial trial has been set date has been for (date): set. This case will be ready for trial within 12 months ofthe date of the filing ofthe complaint (if not, explain): c. Dates on whichgarties or attorne s will not be available for trialsgear}! dares and ex lain reasons for unavailabifir J: {s 9/10/18- 9/1 /]8 Tlial; 10/ /18- 10/12/18 Trial; 11/ l1 8 - 12/14/18 rial; 1122/19 2/15/19 lial; 3/4/I 9- 3/13/1 9 Trial; 4/1 5/1 9 Trial; 6/3/1 9- 6/7/19 Trial; and 7/15/19 -7/23/19 Trial Estimated length of trial The a_ b‘ E party or parties estimate that the E days (specify number).'15 hours (short causes) (specify): trial wi|| days take (check one). Trial The a, representation party or parties Attorney: will (to be answered be represented for at each trial party) [Z] by the attorney or party listed in the caption E by the following: b Firm: c. Address: d Telephone number: f, Fax number; D e E‘ma” addresg Additional representation is described in Attachment 8. g. Party represented: E Preference This case 10. Alternative dispute resolution is entitled to preference (specify code section): (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 (‘1) in rule community programs For parties represented by counsel: Counsel 3.221 to the client and reviewed in this E E case. ADR options with the has client. has not provided the ADR information package identified (2) For self—represented parties: Party E E has has not reviewed the ADR information package identified in rule 3.221. b. (1) E Referral to judicial arbitration or civil action mediation (if available). This matter Is sutgect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 Drto civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E Civil case to Plaintiff elects to refer this Procedure section 1141 .1 1. judicial arbitration and agrees to limit recovery to the amount specified in Code 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 e t seq (p s ecify exemp Zion’ . .' CRC 3.811(b)(8) civil action CM-“O 2m" P39“ “5 IREV-JU'V 1v CASE MANAGEMENT STATEMENT CM-110 CASE “UMBER PLAINTIFF/PETWONERI Capital Equity Management Group, Inc. __ DEFENDANT/RESPONDENT:Steven A. swanger; et a1. 2023519 10. c. Indicate the ADR process or processes that the party or parties are wilting to participate in, have agreed to panicipate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing Ifthe pany in the case have agreed to or parties completing this form this form are willing to participate in orhave already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parfies’ ADR processes (check all lhat apply): stipulation): Mediation session not yet scheduled (1) Mediation E DUDE Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement Settlement conference scheduled for (date): (2) conference UDDD Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): DUDE] (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Nonbinding Judicial arbitration scheduled for (date): (4) judicial arbitration DUDE Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration DUDE Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-11o [Rev July 1. 201 1) Page 3 nf 5 CASE MANAGEMENT STATEMENT CM:_’L1.Q CASE NUMBER PLAiNTlFF/PETITIONERICapital Equity Management Group, Inc. DEFENDANT/RESPONDENT;Steven A, swanger; et a1. 2023519 11. a. D Insurance Insurance carrier, E if any, for party E filing this statement (name): b. c. E Reservation of rights: Coverage issues will Yes No significantly affect resolution of this case (explain): . 12‘ Jurisdiction E Indicate Status: Bankruptcy D any matters that may affect the court's jurisdiction or processing of this Other (specify): case and describe the status. 13. a. E Related cases. consolidation, and coordination There are companion, underlying, or related casesr (1) Name of case: (2) Name of court: (3) Case number: (4) Status: b. E E Additional cases are described A motion to E consolidate in Attachment 13a E coordinate will be filed by (name parfy): E 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 E The party or parfies expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. a. D Discovery mm The The party or parties have completed all discovery. be completed by the date specified (describe b. following discovery Castleberry/Norcal will Description Written discovery all anticipated discovery): M per code Castleberry/Norcal Deposition of Plaintiff per code c_ D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): 0M4 1o [Rev.Ju1y Page‘ms 1, 2011] CASE MANAGEMENT STATEMENT CM-1 10 CASE NUMBER: PLA‘NT'FF’PET'TIONERI Capital Equity Management Group, Inc. DEFENDANT/RESPONDENT: Steven A. Swanger; et a1. 20235 1 9 Economic 17. a, E litigation This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic Procedure sections 90-98 will apply to this case. litigation procedures in Code E of Civil b‘ 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 party or parties request that the following additional matters be considered or determined conference (specify): at the case management 19‘ a. E Meet and confer The party of Court or parties {if have met and conferred with not, explain): all parties on all subjects required by rule 3.724 of the California Rules b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): |am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative 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 ofthe party where required. DaterAugust 24, 201 8 William H. Parish (TYPE OR PR‘NT NAME) b flim/M (SIGNATURE OF PARTY OR ATTORNEY) OR PRINT NAME) E (TYPE {SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-“O [Rev My 1-201” CASE MANAGEMENT STATEMENT Page 5°” PROOF OF SERVICE Capital Equity Management Croup, Inc. v. Swanger; et al. Stanislaus Count County Superior Court, Case N0. 2023519 I hereby certify that I am a citizen of the United States, ovcr the age 0f eighteen years, and not a party to the within action. My business address is 1919 Grand Canal Boulevard, Suite A-S, Stockton, California, 95207, which is located in the county where the service described below occurred. On this date, August 24, 2018, I served the foregoing document entitled: CASE MANAGEMENT STATEMENT I served the document 0n: VIA FIRST CLASS MAIL: VIA FIRST CLASS MAIL: Attorneysfor Plaintiff Kelsey C. Linnett Mr. Dustin J. Dyer Jennifer Hane D—‘ O Dyer Law Firm Trial Attorneys D—‘ H 5250 Claremont Avenue, Suite 119 United States Department 0f Justice Stockton, CA 95207 Antitrust Division PC H N Email: ddyer@dyerlawfirm.com 450 Golden Gate Avenue A-S 14 P.O. Box 36046, Room 10-0101 D—‘ La) CASTILLO, Suite , 9520748] 95241992 95241250 San Francisco, CA 94102-3478 Blvd (209) (209) H A Canal California VIA FIRST CLASS MAIL: VIA FIRST CLASS MAIL: GUY Grand Telephonel Facsimilc: ,_A {J1 Bradley A. Benbrook Gerald E. Brunn Stockton, l919 Stephen M. Duvernay Mahanvir S. Sahota PARISH ’—‘ O\ Benbrook Law Group PC Brunn & Flynn 400 Capital Mall, Suite 2530 928 12‘“ Street, Suite 200 H fl Sacramento, CA 95814 Modesto, CA 95354 '—‘ 0° Email: brad@benbrooklawgr0up.com steve@benbr00klawgr0up. com >—‘ \O [\J O E FIRST CLASS USPS MAIL: by enclosing the documents in a sealed envelope with postage thereon fully prepaid, into a box designated by my employer for collection and processing 0f N ‘—‘ correspondence for mailing with the United States Postal Service, addressed as set forth below. NN l am readily familiar with the business practices 0f my employer, PARISH GUY CASTILLO, PC, for the collection and processing 0f correspondence for mailing with the United States Postal [\J la.) Service. Under that practice, the correspondence placed in the designated box is deposited With the United States Postal Service at Stockton, California, the same day in the ordinary course of N 4; business. [\J L11 l declare under penalty of perjury under the laws ELI- = : f California that the foregoing is [\J O\ true and correct. [\J N TEEDA s UP [\J m PROOF OF SERVICE — CASE MANGEMENT STATEMENT