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1 Jeremy F. Bollinger (SBN 240132)
Ari E. Moss (SBN 238579)
2 Dennis F. Moss (SBN 77512)
Jorge A. Flores (SBN 333441)
3 MOSS BOLLINGER LLP
15300 Ventura Blvd., Ste. 207
4 Sherman Oaks, California 91403
Telephone: (310) 982-2984
5 Facsimile: (818) 963-5954
jeremy@mossbollinger.com
6 ari@mossbollinger.com
dennis@mossbollinger.com
7 anthony@mossbollinger.com
8 Attorneys for Plaintiff JUSTIN CARINO
9 T. MARK SMITH, ESQ. (SBN 162370)
ZIMMER & MELTON, LLP
10 11601 Bolthouse Drive, Suite 100
Bakersfield, CA 93311
11 Tel: (661) 463-6700
Fax: (661) 501-4221
12 Email: msmith@zimmermelton.com
13 Attorneys for Defendants,
ADVENTIST HEALTH DELANO dba DELANO
14 REGIONAL MEDICAL CENTER and ADVENTIST
HEALTH SYSTEMS/WEST
15
SUPERIOR COURT OF CALIFORNIA
16
COUNTY OF KERN
17
18
JUSTIN CARINO, individually and on behalf Case No.: BCV-20-102879
19 of other persons similarly situated,
[Assigned to Hon. Thomas S. Clark for all
20 Plaintiff, purposes, Dept. 17]
21 vs. JOINT POST-MEDIATION STATUS
CONFERENCE STATEMENT
22 ADVENTIST HEALTH DELANO DBA
DELANO REGIONAL MEDICAL Date: March 9, 2022
23 CENTER, a California Corporation; and Time: 8:15 am
DOES 1-50, Department: 10
24
Defendants. Complaint filed: December 8, 2020
25
Trial Date: None Set
26
27
28
JOINT STATUS CONFERENCE STATEMENT
1 JOINT POST-MEDIATION STATUS CONFERENCE STATEMENT
2 Plaintiff Justin Carino (“Plaintiff”) and Defendants Adventists Health Systems/West and
3 Adventist Health Delano dba Delano Regional Medical Center (“Defendants”), collectively, the
4 “Parties”, submit the following Joint Statement in advance of the Post-Mediation Status
5 Conference scheduled for March 9, 2022 at 8:15 a.m.
6 The Parties previously informed the Court that they had scheduled a mediation with
7 mediator Justice Steven M. Vartabedian (Ret.) for February 11, 2022. However, the mediation had
8 to be rescheduled in order to give Defendant additional time to provide the data necessary for the
9 Parties to engage in a meaningful negotiation. The mediation is now scheduled for April 14, 2022,
10 with Justice Vartabedian.
11 Accordingly, the Parties request that the Court continue the post-mediation status
12 conference to a date after April 14, 2022, convenient to the Court’s calendar.
13 Respectfully submitted,
14
Dated: February 25, 2022 MOSS BOLLINGER LLP
15
16
17
By:______________________________________
18 Jeremy F. Bollinger
Attorneys for Plaintiff Justin Carino
19
20
21 Dated: February 25, 2022 ZIMMER & MELTON LLP
22
23
By:
24 T. Mark Smith
Justin Thomas
25 Attorneys for Defendants Adventist Health
26 Systems/West and Adventist Health Delano
27
28
2
JOINT STATUS CONFERENCE STATEMENT
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF KERN:
I am a resident of the County aforesaid; I am over the age of eighteen years and not a party to
3 the within entitled action; my business address is Zimmer & Melton, LLP, 11601 Bolthouse Drive,
4 Suite 100, Bakersfield, California, 93311.
On February 25, 2022, I served the following document: JOINT POST-MEDIATION
5 STATUS CONFERENCE STATEMENT on the interested party in said action, as listed below:
6 Jeremy F. Bollinger, Esq. Attorneys for Plaintiff, JUSTIN CARINO
MOSS BOLLINGER LLP
7 15300 Ventura Blvd., Ste. 207
Sherman Oaks, CA 91403
8 Tel: (310) 982-2984
Fax: (818) 963-5954
9 Email(s): jeremy@mossbollinger.com
lea@mossbollinger.com
10
BY UNITED STATES MAIL. I enclosed such document in sealed envelope(s) with the
11 name(s) and address(s) of the person(s) served as shown on the envelope(s) and caused such
12 envelope(s) to be deposited in the mail at Bakersfield, California. The envelope(s) was/were
mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of
13 collection and processing correspondence for mailing. It is deposited with the U.S. postal
service on that same day in the ordinary course of business. I am aware that on motion of
14 party, service is presumed invalid if postal cancellation date or postage meter date is more than
one day after date of deposit for mailing in affidavit.
15
BY E-MAIL OR ELECTRONIC FILING/SERVICE. The document was served by
16 ELECTRONIC MAIL. Pursuant to California Rules of Court, Emergency Rule 12 (Electronic
Service) related to COVID-19, I caused the document to be sent to the person(s) at the electronic
17 service/mail address(es) listed. The electronic service/mail address from which I served the
document(s) is ggonzalez@zimmermelton.com.
18
BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package
19 provided by the overnight delivery carrier and addressed to the persons at the addresses listed on
this Proof of Service. I placed the envelope or package for collection and overnight delivery at an
20
office or a regularly utilized drop box of the overnight delivery carrier.
21 BY PERSONAL SERVICE. I caused such envelope to be hand delivered to the offices of the
addressee(s).
22
23 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct. Executed on February 25, 2022, at Bakersfield, California.
24
25 Guisela Gonzalez Guisela Gonzalez
Type or Print Name Signature
26
27
28
1
PROOF OF SERVICE
[280–3]
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1 Jeremy F. Bollinger (SBN 240132) Ari E. Moss (SBN 238579) 2 Dennis F. Moss (SBN 77512) Jorge A. Flores (SBN 333441) 3 MOSS BOLLINGER LLP 15300 Ventura Blvd., Ste. 207 4 Sherman Oaks, California 91403 Telephone: (310) 982-2984 5 Facsimile: (818) 963-5954 jeremy@mossbollinger.com 6 ari@mossbollinger.com dennis@mossbollinger.com 7 anthony@mossbollinger.com 8 Attorneys for Plaintiff JUSTIN CARINO 9 T. MARK SMITH, ESQ. (SBN 162370) ZIMMER & MELTON, LLP 10 11601 Bolthouse Drive, Suite 100 Bakersfield, CA 93311 11 Tel: (661) 463-6700 Fax: (661) 501-4221 12 Email: msmith@zimmermelton.com 13 Attorneys for Defendants, ADVENTIST HEALTH DELANO dba DELANO 14 REGIONAL MEDICAL CENTER and ADVENTIST HEALTH SYSTEMS/WEST 15 SUPERIOR COURT OF CALIFORNIA 16 COUNTY OF KERN 17 18 JUSTIN CARINO, individually and on behalf Case No.: BCV-20-102879 19 of other persons similarly situated, [Assigned to Hon. Thomas S. Clark for all 20 Plaintiff, purposes, Dept. 17] 21 vs. JOINT POST-MEDIATION STATUS CONFERENCE STATEMENT 22 ADVENTIST HEALTH DELANO DBA DELANO REGIONAL MEDICAL Date: March 9, 2022 23 CENTER, a California Corporation; and Time: 8:15 am DOES 1-50, Department: 10 24 Defendants. Complaint filed: December 8, 2020 25 Trial Date: None Set 26 27 28 JOINT STATUS CONFERENCE STATEMENT 1 JOINT POST-MEDIATION STATUS CONFERENCE STATEMENT 2 Plaintiff Justin Carino (“Plaintiff”) and Defendants Adventists Health Systems/West and 3 Adventist Health Delano dba Delano Regional Medical Center (“Defendants”), collectively, the 4 “Parties”, submit the following Joint Statement in advance of the Post-Mediation Status 5 Conference scheduled for March 9, 2022 at 8:15 a.m. 6 The Parties previously informed the Court that they had scheduled a mediation with 7 mediator Justice Steven M. Vartabedian (Ret.) for February 11, 2022. However, the mediation had 8 to be rescheduled in order to give Defendant additional time to provide the data necessary for the 9 Parties to engage in a meaningful negotiation. The mediation is now scheduled for April 14, 2022, 10 with Justice Vartabedian. 11 Accordingly, the Parties request that the Court continue the post-mediation status 12 conference to a date after April 14, 2022, convenient to the Court’s calendar. 13 Respectfully submitted, 14 Dated: February 25, 2022 MOSS BOLLINGER LLP 15 16 17 By:______________________________________ 18 Jeremy F. Bollinger Attorneys for Plaintiff Justin Carino 19 20 21 Dated: February 25, 2022 ZIMMER & MELTON LLP 22 23 By: 24 T. Mark Smith Justin Thomas 25 Attorneys for Defendants Adventist Health 26 Systems/West and Adventist Health Delano 27 28 2 JOINT STATUS CONFERENCE STATEMENT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF KERN: I am a resident of the County aforesaid; I am over the age of eighteen years and not a party to 3 the within entitled action; my business address is Zimmer & Melton, LLP, 11601 Bolthouse Drive, 4 Suite 100, Bakersfield, California, 93311. On February 25, 2022, I served the following document: JOINT POST-MEDIATION 5 STATUS CONFERENCE STATEMENT on the interested party in said action, as listed below: 6 Jeremy F. Bollinger, Esq. Attorneys for Plaintiff, JUSTIN CARINO MOSS BOLLINGER LLP 7 15300 Ventura Blvd., Ste. 207 Sherman Oaks, CA 91403 8 Tel: (310) 982-2984 Fax: (818) 963-5954 9 Email(s): jeremy@mossbollinger.com lea@mossbollinger.com 10 BY UNITED STATES MAIL. I enclosed such document in sealed envelope(s) with the 11 name(s) and address(s) of the person(s) served as shown on the envelope(s) and caused such 12 envelope(s) to be deposited in the mail at Bakersfield, California. The envelope(s) was/were mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of 13 collection and processing correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of 14 party, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 15 BY E-MAIL OR ELECTRONIC FILING/SERVICE. The document was served by 16 ELECTRONIC MAIL. Pursuant to California Rules of Court, Emergency Rule 12 (Electronic Service) related to COVID-19, I caused the document to be sent to the person(s) at the electronic 17 service/mail address(es) listed. The electronic service/mail address from which I served the document(s) is ggonzalez@zimmermelton.com. 18 BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package 19 provided by the overnight delivery carrier and addressed to the persons at the addresses listed on this Proof of Service. I placed the envelope or package for collection and overnight delivery at an 20 office or a regularly utilized drop box of the overnight delivery carrier. 21 BY PERSONAL SERVICE. I caused such envelope to be hand delivered to the offices of the addressee(s). 22 23 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 25, 2022, at Bakersfield, California. 24 25 Guisela Gonzalez Guisela Gonzalez Type or Print Name Signature 26 27 28 1 PROOF OF SERVICE [280–3]