Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
William C. Wilson, SBN: 149683; Rita Marseille, SBN: 158542 Electronically Filed
Wilson Getty LLP Superior Court of California
12555 High Bluff Drive, Suite 270, San Diego, CA 92130 County of San Joaquin
2021-08-03 16:20:42
858-84 7-3237
TELEPHONE NO.: FAX NO. (Optional): 858-84 7-3365
rmarseille@wilsongetty.com
E-MAIL ADDRESS (Optional):
Clerk: Taylor Hiedeman
ATTORNEY FOR (Name): Def. Chesapeake Bay Holdings LLC dba Clearwater Health
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Joaquin
STREET ADDRESS: 180 E Weber Ave
MAILING ADDRESS:
CITY AND ZIP CODE:
Stockton, CA 95202
BRANCH NAME:
Stockton Branch
PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al.
DEFENDANT/RESPONDENT: Clearwater Healthcare Center - Stockton, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE D LIMITED CASE STK-CV-UPl-2019-3626
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 19, 2021 Time: 8:45 a.m. Dept.: 10A Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Rita Marseille, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [ZJ This statement is submitted by party (name): Chesapeake Bay Holdings LLC dba Clearwater Healthcare
b. D This statement is submitted jointly by parties (names): Center
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint D cross-complaint (Describe, including causes of action):
Complaint alleges: 1) Wrongful Death/Medical Malpractice; 2) Elder Abuse/Neglect; 3) Wrongful Death/Elder
Abuse; 4) Survival Action; 5) Negligence Per Se; 6) Fraud/Concealment; 7) Unlawful Bus.; 8) Violation of §1430
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al.
STK-CV-U Pl-2019-3626
DEFENDANT/RESPONDENT: Clearwater Healthcare Center - Stockton, et al.
4. b. Provide a brief statement of the case, including any damages. (If personal 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.)
Plaintiffs claim Defendant Chesapeake Bay Holdings LLC dba Clearwater Healthcare Center, a skilled nursing
facility, provided improper care to Joseph A. Roman. Defendant denies all claims of liability, causation and
damages.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI D a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for (date):
b. [L] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
See Attachment 1
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [ZJ days (specify number): 7-10
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the captionD by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
D This case is entitled to preference (specify code section):
10. Alternative dispute resolution (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 community programs in this case.
(1) For parties represented by counsel: Counsel w has D has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: PartyD has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al.
- STK-CV-U Pl-2019-3626
DEFENDANT/RESPONDENT: Clearwater Healthcare Center Stockton, et al.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
CJ Mediation session not yet scheduled
[Z] CJ Mediation session scheduled for (date):
(1) Mediation
CJ Agreed to complete mediation by (date):
CJ Mediation completed on (date):
CJ Settlement conference not yet scheduled
(2) Settlement [Z] CJ Settlement conference scheduled for (date):
conference
CJ Agreed to complete settlement conference by (date):
CJ Settlement conference completed on (date):
CJ Neutral evaluation not yet scheduled
CJ CJ Neutral evaluation scheduled for (date):
(3) Neutral evaluation
CJ Agreed to complete neutral evaluation by (date):
CJ Neutral evaluation completed on (date):
CJ Judicial arbitration not yet scheduled
(4) Nonbinding judicial CJ CJ Judicial arbitration scheduled for (date):
arbitration
CJ Agreed to complete judicial arbitration by (date):
CJ Judicial arbitration completed on (date):
CJ Private arbitration not yet scheduled
(5) Binding private CJ CJ Private arbitration scheduled for (date):
arbitration
CJ Agreed to complete private arbitration by (date):
CJ Private arbitration completed on (date):
CJ ADR session not yet scheduled
CJ CJ ADR session scheduled for (date):
(6) Other (specify):
CJ Agreed to complete ADR session by (date):
CJ ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al.
STK-CV-U Pl-2019-3626
DEFENDANT/RESPONDENT: Clearwater Healthcare Center - Stockton, et al.
11. Insurance
a. m Insurance carrier, if any, for party filing this statement (name):
Hallmark Financial Services, Inc
b. Reservation of rights: m Yes D No
c. D Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate wiII be filed by (name party):
14. Bifurcation
D 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
[ZJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for Summary Judgment and/or Adjudication
16. Discovery
a. D The party or parties have completed all discovery.
b. m The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Written Discovery Per Code
Plaintiffs' depositions Per Code
Subpoena/review all medical records Per Code
Depositions of treating physicians Per Code
Expert Discovery Per Code
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al.
STK-CV-U Pl-2019-3626
DEFENDANT/RESPONDENT: Clearwater Healthcare Center Stockton, et al.
17. Economic litigation
a.D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. D 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. Other issues
D 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.m The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any): 1
I 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 of the party where required.
Date: August 3, 2021
Rita Marseille, Esq .
(TYPE OR PRINT NAME) • (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) • (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
MC-025
CASE NUMBER:
SHORT TITLE:
Roman v. Clearwater Healthcare Center – Stockton, et al. STK-CV-UPI-2019-3626
ATTACHMENT (Number): 1
(This Attachment may be used with any Judicial Council form.)
Section 6c: Dates on which counsel for Defendant Chesapeake Bay Holdings LLC dba Clearwater Healthcare
Center will not be available for trial:
8/31/21; 9/13/21; 9/21/21; 9/22/21; 9/24/21; 9/27/21; 9/28/21; 10/1/21; 10/5/21; 10/18/21 - 10/20/21;
10/18/21; 10/19/21; 10/25/21; 10/29/21; 11/1/21; 11/5/21; 11/9/21; 11/11/21; 11/15/21; 11/19/21; 11/29/21;
12/1/21; 12/3/21; 12/6/21; 12/8/21; 12/13/21; 12/22/21; 1/3/22; 1/4/22; 1/10/22; 1/18/22; 1/21/22; 1/24/22;
1/28/22; 2/1/22; 2/4/22; 2/7/22; 2/18/22; 2/22/22; 2/25/22; 2/28/22; 3/4/22; 3/7/22; 3/8/22; 3/11/22; 3/14/22;
3/16/22; 3/18/22; 3/21/22; 3/25/22; 3/28/22; 3/29/22; 3/30/22; 4/1/22; 4/18/22; 4/19/22; 4/26/22; 5/2/22;
5/9/22; 6/6/22; 6/13/22; 6/16/22; 6/20/22; 6/27/22; 7/11/22; 7/18/22; 8/29/22; 9/12/22; 9/13/22; 9/20/22;
9/26/22; 9/27/22; 10/3/22; 10/4/22; 10/11/22; 10/24/22; 10/31/22; 11/3/22; 12/12/22; 1/18/23; 1/31/23;
10/23/23
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use
Judicial Council of California
ATTACHMENT www.courtinfo.ca.gov
MC-025 [Rev. July 1, 2009] to Judicial Council Form
1 Estate of Joseph A. Roman, by Jeffery Roman, Personal Representative, et al. v. Clearwater
Healthcare Center – Stockton, et al.
2 Superior Court of the State of California, County of San Joaquin
Case No. STK-CV-UPI-2019-3626
3 ***
PROOF OF SERVICE
4
I am employed in San Diego County. I am over the age of 18 and not a party to this action. My
5 business address is 12555 High Bluff Drive, Suite 270, San Diego, California 92130.
6
On August 3, 2021, I served the foregoing documents, described in this action as:
7
• CASE MANAGEMENT STATEMENT OF DEFENDANT CHESAPEAKE BAY
8 HOLDINGS LLC dba CLEARWATER HEALTHCARE CENTER
9 [X] by e-mailing [ ] the original [X] a true copy thereof enclosed to addressed as follows:
10
**See Attached Service List**
11
[X] BY E-MAIL or ELECTRONIC TRANSMISSION I caused based on a court order or an
12 agreement of the parties to accept service by e-mail or electronic transmission, the documents to be sent
to the persons at the e-mail addresses. I did not receive, within a reasonable time after the transmission,
13 any electronic message or other indication that the transmission was unsuccessful.
14
[X] STATE: I declare under penalty of perjury under the laws of the State of California that the
15 above is true and correct.
16 Executed on August 3, 2021 at San Diego, California.
17
_____________________________
18 Shannon Kane
19
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PROOF OF SERVICE
1 Estate of Joseph A. Roman, by Jeffery Roman, Personal Representative, et al. v. Clearwater
Healthcare Center – Stockton, et al.
2 Superior Court of the State of California, County of San Joaquin
Case No. STK-CV-UPI-2019-3626
3 ***
SERVICE LIST
4
5 C. Brooks Cutter, Esq. Dennis R. Thelen, Esq.
6 Margot P. Cutter, Esq. Amanda M. Lucas, Esq.
Cutter Law PC Law Offices of Lebeau Thelen, LLP
7 401 Watt Avenue 5001 East Commercenter Drive, Suite 300
Sacramento, CA 95648 PO Box 12092
8 T: 916.290.9400 Bakersfield, CA 93389-2092
F: 916.988.9330 T: 661.325.8962
9 Email: mcutter@cutterlaw.com F: 661.325.1127
10 Email: aellis@cutterlaw.com Email: dthelen@lebeauthelen.com
Email: ALucas@LeBeauThelen.com
11 Counsel for Plaintiffs Estate of Joseph A. Email: shays@lebeauthelen.com
Roman, by Jeffrey Roman, Personal Email: gwitthans@lebeauthelen.com
12 Representative Mabel B. Roman and Geoffrey
Roman Counsel for Defendant Alexander Y. Chan,
13 M.D.
14
Adri Santos
15 3886 Townshend
Stockton, CA 95212
16 Email: nowramos17@gmail.com
17
Plaintiff in Pro Per
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27
28
SERVICE LIST
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY William C. Wilson, SBN: 149683; Rita Marseille, SBN: 158542 Electronically Filed Wilson Getty LLP Superior Court of California 12555 High Bluff Drive, Suite 270, San Diego, CA 92130 County of San Joaquin 2021-08-03 16:20:42 858-84 7-3237 TELEPHONE NO.: FAX NO. (Optional): 858-84 7-3365 rmarseille@wilsongetty.com E-MAIL ADDRESS (Optional): Clerk: Taylor Hiedeman ATTORNEY FOR (Name): Def. Chesapeake Bay Holdings LLC dba Clearwater Health SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Joaquin STREET ADDRESS: 180 E Weber Ave MAILING ADDRESS: CITY AND ZIP CODE: Stockton, CA 95202 BRANCH NAME: Stockton Branch PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al. DEFENDANT/RESPONDENT: Clearwater Healthcare Center - Stockton, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE D LIMITED CASE STK-CV-UPl-2019-3626 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 19, 2021 Time: 8:45 a.m. Dept.: 10A Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Rita Marseille, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [ZJ This statement is submitted by party (name): Chesapeake Bay Holdings LLC dba Clearwater Healthcare b. D This statement is submitted jointly by parties (names): Center 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint D cross-complaint (Describe, including causes of action): Complaint alleges: 1) Wrongful Death/Medical Malpractice; 2) Elder Abuse/Neglect; 3) Wrongful Death/Elder Abuse; 4) Survival Action; 5) Negligence Per Se; 6) Fraud/Concealment; 7) Unlawful Bus.; 8) Violation of §1430 Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al. STK-CV-U Pl-2019-3626 DEFENDANT/RESPONDENT: Clearwater Healthcare Center - Stockton, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal 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.) Plaintiffs claim Defendant Chesapeake Bay Holdings LLC dba Clearwater Healthcare Center, a skilled nursing facility, provided improper care to Joseph A. Roman. Defendant denies all claims of liability, causation and damages. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. [L] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): See Attachment 1 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [ZJ days (specify number): 7-10 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the captionD by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference (specify code section): 10. Alternative dispute resolution (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 community programs in this case. (1) For parties represented by counsel: Counsel w has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: PartyD has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al. - STK-CV-U Pl-2019-3626 DEFENDANT/RESPONDENT: Clearwater Healthcare Center Stockton, et al. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): CJ Mediation session not yet scheduled [Z] CJ Mediation session scheduled for (date): (1) Mediation CJ Agreed to complete mediation by (date): CJ Mediation completed on (date): CJ Settlement conference not yet scheduled (2) Settlement [Z] CJ Settlement conference scheduled for (date): conference CJ Agreed to complete settlement conference by (date): CJ Settlement conference completed on (date): CJ Neutral evaluation not yet scheduled CJ CJ Neutral evaluation scheduled for (date): (3) Neutral evaluation CJ Agreed to complete neutral evaluation by (date): CJ Neutral evaluation completed on (date): CJ Judicial arbitration not yet scheduled (4) Nonbinding judicial CJ CJ Judicial arbitration scheduled for (date): arbitration CJ Agreed to complete judicial arbitration by (date): CJ Judicial arbitration completed on (date): CJ Private arbitration not yet scheduled (5) Binding private CJ CJ Private arbitration scheduled for (date): arbitration CJ Agreed to complete private arbitration by (date): CJ Private arbitration completed on (date): CJ ADR session not yet scheduled CJ CJ ADR session scheduled for (date): (6) Other (specify): CJ Agreed to complete ADR session by (date): CJ ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al. STK-CV-U Pl-2019-3626 DEFENDANT/RESPONDENT: Clearwater Healthcare Center - Stockton, et al. 11. Insurance a. m Insurance carrier, if any, for party filing this statement (name): Hallmark Financial Services, Inc b. Reservation of rights: m Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate wiII be filed by (name party): 14. Bifurcation D 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 [ZJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for Summary Judgment and/or Adjudication 16. Discovery a. D The party or parties have completed all discovery. b. m The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Written Discovery Per Code Plaintiffs' depositions Per Code Subpoena/review all medical records Per Code Depositions of treating physicians Per Code Expert Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Estate of Joseph A. Roman, et al. STK-CV-U Pl-2019-3626 DEFENDANT/RESPONDENT: Clearwater Healthcare Center Stockton, et al. 17. Economic litigation a.D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. D 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. Other issues D 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.m The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 1 I 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 of the party where required. Date: August 3, 2021 Rita Marseille, Esq . (TYPE OR PRINT NAME) • (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) • (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT MC-025 CASE NUMBER: SHORT TITLE: Roman v. Clearwater Healthcare Center – Stockton, et al. STK-CV-UPI-2019-3626 ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) Section 6c: Dates on which counsel for Defendant Chesapeake Bay Holdings LLC dba Clearwater Healthcare Center will not be available for trial: 8/31/21; 9/13/21; 9/21/21; 9/22/21; 9/24/21; 9/27/21; 9/28/21; 10/1/21; 10/5/21; 10/18/21 - 10/20/21; 10/18/21; 10/19/21; 10/25/21; 10/29/21; 11/1/21; 11/5/21; 11/9/21; 11/11/21; 11/15/21; 11/19/21; 11/29/21; 12/1/21; 12/3/21; 12/6/21; 12/8/21; 12/13/21; 12/22/21; 1/3/22; 1/4/22; 1/10/22; 1/18/22; 1/21/22; 1/24/22; 1/28/22; 2/1/22; 2/4/22; 2/7/22; 2/18/22; 2/22/22; 2/25/22; 2/28/22; 3/4/22; 3/7/22; 3/8/22; 3/11/22; 3/14/22; 3/16/22; 3/18/22; 3/21/22; 3/25/22; 3/28/22; 3/29/22; 3/30/22; 4/1/22; 4/18/22; 4/19/22; 4/26/22; 5/2/22; 5/9/22; 6/6/22; 6/13/22; 6/16/22; 6/20/22; 6/27/22; 7/11/22; 7/18/22; 8/29/22; 9/12/22; 9/13/22; 9/20/22; 9/26/22; 9/27/22; 10/3/22; 10/4/22; 10/11/22; 10/24/22; 10/31/22; 11/3/22; 12/12/22; 1/18/23; 1/31/23; 10/23/23 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California ATTACHMENT www.courtinfo.ca.gov MC-025 [Rev. July 1, 2009] to Judicial Council Form 1 Estate of Joseph A. Roman, by Jeffery Roman, Personal Representative, et al. v. Clearwater Healthcare Center – Stockton, et al. 2 Superior Court of the State of California, County of San Joaquin Case No. STK-CV-UPI-2019-3626 3 *** PROOF OF SERVICE 4 I am employed in San Diego County. I am over the age of 18 and not a party to this action. My 5 business address is 12555 High Bluff Drive, Suite 270, San Diego, California 92130. 6 On August 3, 2021, I served the foregoing documents, described in this action as: 7 • CASE MANAGEMENT STATEMENT OF DEFENDANT CHESAPEAKE BAY 8 HOLDINGS LLC dba CLEARWATER HEALTHCARE CENTER 9 [X] by e-mailing [ ] the original [X] a true copy thereof enclosed to addressed as follows: 10 **See Attached Service List** 11 [X] BY E-MAIL or ELECTRONIC TRANSMISSION I caused based on a court order or an 12 agreement of the parties to accept service by e-mail or electronic transmission, the documents to be sent to the persons at the e-mail addresses. I did not receive, within a reasonable time after the transmission, 13 any electronic message or other indication that the transmission was unsuccessful. 14 [X] STATE: I declare under penalty of perjury under the laws of the State of California that the 15 above is true and correct. 16 Executed on August 3, 2021 at San Diego, California. 17 _____________________________ 18 Shannon Kane 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 1 Estate of Joseph A. Roman, by Jeffery Roman, Personal Representative, et al. v. Clearwater Healthcare Center – Stockton, et al. 2 Superior Court of the State of California, County of San Joaquin Case No. STK-CV-UPI-2019-3626 3 *** SERVICE LIST 4 5 C. Brooks Cutter, Esq. Dennis R. Thelen, Esq. 6 Margot P. Cutter, Esq. Amanda M. Lucas, Esq. Cutter Law PC Law Offices of Lebeau Thelen, LLP 7 401 Watt Avenue 5001 East Commercenter Drive, Suite 300 Sacramento, CA 95648 PO Box 12092 8 T: 916.290.9400 Bakersfield, CA 93389-2092 F: 916.988.9330 T: 661.325.8962 9 Email: mcutter@cutterlaw.com F: 661.325.1127 10 Email: aellis@cutterlaw.com Email: dthelen@lebeauthelen.com Email: ALucas@LeBeauThelen.com 11 Counsel for Plaintiffs Estate of Joseph A. Email: shays@lebeauthelen.com Roman, by Jeffrey Roman, Personal Email: gwitthans@lebeauthelen.com 12 Representative Mabel B. Roman and Geoffrey Roman Counsel for Defendant Alexander Y. Chan, 13 M.D. 14 Adri Santos 15 3886 Townshend Stockton, CA 95212 16 Email: nowramos17@gmail.com 17 Plaintiff in Pro Per 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST