No Value: DNA CA, INC., a California Corporation vs. Pacific Reserve Nursery, LLC, et al.

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                                1   NORTON ROSE FULBRIGHT US LLP
                         JAMES H. TURKEN (Bar No. 89618)
                     2   KELLY DOYLE DAHAN (Bar No. 326230)
                         555 South Flower Street
                     3   Forty-First Floor
                         Los Angeles, California 90071
                     4   Telephone:     (213) 892-9200
                         Facsimile:     (213) 892-9494
                     5   james.turken@nortonrosefulbright.com
                         kelly.dahan@nortonrosefulbright.com
                     6
                         NORTON ROSE FULBRIGHT US LLP
                     7   KATHERINE CONNOLLY (SBN 313640)
                         555 California Street, Suite 3300
                     8   San Francisco, CA 94140
                         Telephone:     (628) 231-6800
                     9   Facsimile:      (628) 231-6799
                         katie.connolly@nortonrosefulbright.com
                    10
                         ATTORNEYS FOR PLAINTIFF AND CROSS-
                    11   DEFENDANT DNA CA, INC., AND CROSS-
                         DEFENDANTS DON MORRIS, AARON
                    12   YARKONI, AND REZWAN KHAN

                    13

                    14                     SUPERIOR COURT OF THE STATE OF CALIFORNIA

                    15                                    COUNTY OF MONTEREY

                    16   DNA CA, INC., a California Corporation,         Case No. 21CV002850

                    17                 Plaintiff,                        [Assigned for all purposes to the Hon. Carrie
                                                                         Panetta - Dept. 14]
                    18          v.
                                                                         PLAINTIFF AND CROSS-
                    19   Pacific Reserve Nursery, LLC dba Pacific        DEFENDANTS’ PROPOSED
                         Reserve, a California Corporation, GSN          DISCOVERY REFEREES
                    20   Consulting, LLC, a California Limited
                         Liability Company, Andy D’Amico, an
                    21   individual, Brook Eagle, an individual and
                         William “Billy” Tomlinson, an individual,
                    22
                                       Defendants.
                    23

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                                           PLAINTIFF AND CROSS-DEFENDANTS’ PROPOSED DISCOVERY REFEREES
                     1    PACIFIC RESERVE NURSERY, INC., a
                          California corporation,
                     2
                                          Cross-Complainant,
                     3
                                 v.                                         DATE: March 29, 2024
                     4                                                      TIME: 8:30 a.m.
                          DNA CA, INC., a California Corporation,           DEPT.: 14
                     5    DON MORRIS, an individual, AARON
                          YARKONI, an individual, REZWAN KHAN,              Complaint Filed: January 11, 2021
                     6    and individual and ROES 1 – 100                   Trial Date: May 13, 2024
                     7                     Cross-Defendants.
                     8

                     9          TO THE COURT AND ALL ATTORNEYS OF RECORD:
                    10
                                Pursuant to this Court’s direction during ex parte hearing on March 26, 2024, Plaintiff
                    11
                         and Cross-Defendant, DNA CA, Inc. and Cross-Defendants Don Morris, Aaron Yarkoni, and
                    12
                         Rezwan Khan, hereby submit three proposed discovery referees to be appointed in this matter.
                    13
                         As instructed, the Parties exchanged proposed discovery referees prior to the filing of this
                    14
                         submission, but were unable to reach an agreement.
                    15
                                Counsel for Plaintiff and Cross-Defendants has confirmed that the three proposed
                    16
                         discovery referees have availability before May 13, 2024 to act as a discovery referee but has
                    17
                         not obtained any conflicts checks or other information specific to this matter.
                    18

                    19
                                1. Jeffery Gilles, JRG Attorneys at Law
                    20
                                      T: 831-228-5619
                    21
                                      Mr. Gilles’s CV is attached hereto as Exhibit A.
                    22

                    23
                                2. Hon. Barry Baskin (Ret.), JAMS
                    24
                                      Cindy Cravalho, Case Manager
                    25
                                      T: 415-774-2613
                    26
                                      Judge Baskin’s CV is attached hereto as Exhibit B.
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                                                                         -2-
                                              PLAINTIFF AND CROSS-DEFENDANTS’ PROPOSED DISCOVERY REFEREES
                     1        3. Hon. James Kleinberg (Ret.), JAMS

                     2           Jesika Lee, Case Manager

                     3           T: 408-346-0767

                     4           Judge Kleinberg’s CV is attached hereto as Exhibit C.

                     5

                     6   Dated: March 28, 2024                         NORTON ROSE FULBRIGHT US LLP

                     7                                                 By       /s/ James H. Turken
                                                                            JAMES H. TURKEN
                     8
                                                                            KATHERINE CONNOLLY
                     9                                                      KELLY DOYLE DAHAN
                                                                            PLAINTIFF AND CROSS-DEFENDANT
                    10                                                      DNA CA, INC., AND CROSS-
                                                                            DEFENDANTS DON MORRIS, AARON
                    11                                                      YARKONI, AND REZWAN KHAN
                    12

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                                         PLAINTIFF AND CROSS-DEFENDANTS’ PROPOSED DISCOVERY REFEREES
EXHIBIT A
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EXHIBIT B
                                              Hon. Barry Baskin (Ret.)
                                              Mediator, Arbitrator, Referee/Special Master, Neutral
                                              Evaluator, Hearing Officer, Temporary Judge/Judge Pro
                                              Tem



                                              Case Manager
                                              Cindy Cravalho
                                              1255 Treat Blvd , # 700
                                              Walnut Creek, CA 94597


                                              T: 415-774-2613




Hon. Barry Baskin (Ret.) is an arbitrator, mediator, special master/referee and neutral evaluator at
JAMS. In 2002, Judge Baskin was appointed to the Contra Costa County Superior Court. For 20
years, Judge Baskin served on the bench, where he served in almost all divisions of the court. He
served six years in the civil division, handling complex cases, including class actions. From 2019 to
2020, Judge Baskin served as presiding judge and helped steer the court through the pandemic.
Prior to that, he served as assistant presiding judge from 2017 to 2018 and spent eight years on the
Executive Committee. His last assignment on the bench was a second term in the civil division,
where he handled complex litigation, construction defect litigation, class actions and a variety of
other matters. He is the first person appointed to the bench in California who was born, raised and
trained in South Africa.
Judge Baskin used mediation often as a lawyer, which helped him to successfully resolve well over
1,000 matters before trial. In 2009, he was honored as Trial Judge of the Year by the Alameda-
Contra Costa Trial Lawyers’ Association. In 2008, he was selected as faculty to teach new judges at
their orientation, and he continued to do so on a regular basis until leaving the bench.
Prior to joining the bench, Judge Baskin had a successful career handling complex civil litigation.
Beginning in 1979, Judge Baskin was the managing partner of his family’s law firm, Baskin &
Partners, in South Africa. His practice consisted of business litigation and family law. In 1987, he
emigrated from South Africa. He was admitted to the California Bar in 1987 and joined Pillsbury,
Madison & Sutro. He served in the firm’s antitrust and intellectual property group. In 1989, he joined
Farrow, Bramson, Baskin & Plutzik and became a partner in 1990. Until his appointment to the


                                Hon. Barry Baskin (Ret.) | JAMS Neutral | General Biography
                                                    www.jamsadr.com
                                                        Page 1 of 5
bench, he served as lead trial counsel in the area of complex civil litigation, representing both
plaintiffs and defendants.
Representative Matters
Business/Commercial

     Presided over matters involving breach of contract and contractual interpretation, including
     indemnity agreements, commercial leases and real estate contracts
     As counsel, defended Fortune 500 companies in complex business litigation, with an emphasis
     on antitrust and intellectual property rights
     As counsel, handled the review of data and documents germane to obtaining government
     approval of a larger merger and acquisition
     Served as lead trial counsel in complex federal and state court litigation, including successfully
     defending a $30-million shareholders’ derivative suit

Class Actions and Mass Torts

     Presided over several motions for approval of class action settlements and California PAGA
     claims
     Presided over a class action involving unfair HOA dues-collection practices on behalf of
     members of many homeowners’ associations, which included alter ego allegations
     Presided over wage and hour claims brought by employees against their employer for failure to
     pay overtime
     As counsel, defended and prosecuted class actions for over a decade; most of them were
     resolved through mediation

Intellectual Property

     Presided over a dispute involving members of a rock band and claims of theft of intellectual
     property and contract rights; claims were fully resolved short of trial and resulted in ongoing
     concerts/recordings
     Presided over shareholder disputes, including dissolution proceedings and claims for injunctive
     relief and summary judgment; the many rulings and settlement efforts resulted in dismissal of
     all claims
     As counsel, defended and pursued claims of theft of intellectual property rights

Employment

     Presided over wrongful termination matters, including sex and race discrimination allegations
     Presided over theft of trade secrets against former employees
     Presided over employment breach of contract disputes
     Presided over all claims/counterclaims for a law firm dissolution, including sexual harassment;
     racial, sexual and age discrimination; wage and hour claims; and class action claims
     Presided over contractual and statutory claims between a city and its emergency response
     workers
     Presided over PAGA disputes

Family Law




                                Hon. Barry Baskin (Ret.) | JAMS Neutral | General Biography
                                                    www.jamsadr.com
                                                        Page 2 of 5
     Presided over many multi-day trials that included issues involving:
           Date of separation
           Validity of prenuptial contracts
           Community of property
           Breach of fiduciary duty
           Child custody and move-away orders
           Spousal and child support
           Complex financial accounting
     As a judge, successfully handled many family law settlement conferences

Estate, Probate and Trusts

     Presided over trials involving inheritance issues and rights
     Presided over proceedings involving contested estates, wills and trusts

Personal Injury and Torts

     As a judge, handled many wrongful injury cases involving:
           Premises liability
           Product liability
           Vehicular-related matters
           Uninsured and underinsured motorists
           Government immunity claims
           Other tort claims:
                Serious dog bite
                Slip and fall
           As a mediator, resolved multiple serious personal injury cases, including wrongful death
           claims involving insurance coverage

Real Property and Real Estate

     Presided over and resolved many matters involving real estate contracts
     Presided over multiple matters involving title and other partnership claims

Construction and Construction Defect

     Presided over numerous disputes between contractors, subcontractors and purchasers
     involving various construction defect claims
     Presided over multiple disputes involving single-family home construction defect disputes


Honors, Memberships, and Professional
Activities
Professional Trainings and Activities

     Adjunct Professor, Criminal and Constitutional Law, John F. Kennedy University School of
     Law, 2011
     Moot Court Judge for High School Competitions, 2002–2021



                               Hon. Barry Baskin (Ret.) | JAMS Neutral | General Biography
                                                   www.jamsadr.com
                                                       Page 3 of 5
     National Institute of Trial Advocacy (NITA), 1987, 1988

Memberships and Affiliations

     Member, State Bar of California, 1986–present
     Member, Ethics Committee, California Judges Association (CJA), 2008–2011
          In 2010, Judge Baskin served as a CJA liaison to assist judges statewide receiving
          complaints or proceedings from the Commission on Judicial Performance.
     President, Warren W. Eukel Teacher Trust, 1992–2002
          The Warren W. Eukel Teacher Trust recognizes and awards four outstanding teachers in
          the county each year.
     Member, Panel of Arbitrators, American Arbitration Association, 1991–2000
     Member, Probation Monitor, California State Bar Court, 1991–1994
     Member, Committee on Rules and Procedures of Court, California State Bar, 1991–1994
     S. Supreme Court, 1991
     Supreme Court, South Africa, 1979

Selected Awards and Honors

     Trial Judge of the Year, Alameda-Contra Costa Trial Lawyers’ Association, 2009
     Recipient, Major Contributions Award for Pro Bono Work, Contra Costa County Bar
     Association, 1999

Selected Publications

     “Summary Judgment After Matsushita,” Anti-Trust, ABA, Vol. 1, No. 3, 1987 (assisted in
     preparation of the article).
     “To Discover or Not to Discover, That Is the Contradiction,”South African Law Journal, 1981.
     “Recognizing and Prosecuting Class Actions,” Contra Costa Lawyer, June 1997.
     “Reflections of a South African–Born Jurist,” Contra Costa Lawyer, April 2005.
     “How to Survive the Social Media Frenzy,” The Bench (the official journal of the California
     Judges Association), Spring 2011.


Background and Education
     Superior Court, Contra Costa County, 2002–2022
           Presiding Judge, 2019–2020
           Assistant Presiding Judge, 2017–2018
     First District, Division Four, California Court of Appeal
           Justice Pro Tem, August–December 2012
     Farrow, Bramson, Baskin & Plutzik, Walnut Creek, CA
           Partner, 1989–2002
     Pillsbury, Madison & Sutro, San Francisco, CA
           Associate, 1987–1989
     Baskin & Partners, South Africa
           Managing Partner, 1983–1986
           Partner, 1979–1983
     Law Degree; Oliver Schreiner School of Law; University of the Witwatersrand; Johannesburg,


                              Hon. Barry Baskin (Ret.) | JAMS Neutral | General Biography
                                                  www.jamsadr.com
                                                      Page 4 of 5
     South Africa; 1978




Disclaimer
This page is for general information purposes. JAMS makes no representations or warranties
regarding its accuracy or completeness. Interested persons should conduct their own research
regarding information on this website before deciding to use JAMS, including investigation and
research of JAMS neutrals. See More




                              Hon. Barry Baskin (Ret.) | JAMS Neutral | General Biography
                                                  www.jamsadr.com
                                                      Page 5 of 5
EXHIBIT C
                                              Hon. James P. Kleinberg
                                              (Ret.)
                                              Mediator, Arbitrator, Referee/Special Master, Neutral
                                              Evaluator, Hearing Officer, Temporary Judge/Judge Pro
                                              Tem



                                              Case Manager
                                              Jesika Lee
                                              160 W. Santa Clara St.,, Suite 1600
                                              San Jose, CA 95113


                                              T: 408-346-0767




Hon. James P. Kleinberg (Ret.) is a skilled arbitrator, mediator, and special master known for his
efficiency and keeping parties focused on the issues. He joined JAMS in 2015 following 12 years as
a California Superior Court Judge sitting in Santa Clara County and over 34 years as a federal
prosecutor and private lawyer devoted to complex civil litigation. Judge Kleinberg has extensive
experience in antitrust, business/commercial, class action/mass tort, employment, financial markets,
insurance, intellectual property, and securities cases.
Judge Kleinberg began his over 50 year legal career as a Trial Attorney in the Antitrust Division,
U.S. Department of Justice. In that role he argued motions and presided over a federal grand jury in
Utah. After two years in that position, he began an extensive litigation practice including numerous
complex cases involving commercial disputes, class actions, securities, antitrust and trade
regulation, and intellectual property issues in state and federal courts throughout the nation, and in
Canada, Europe, and Asia. These cases included the representation of high technology companies,
accounting firms, agencies of foreign governments, outside directors in securities litigation, sports
teams and leagues, and individuals in SEC investigations. Judge Kleinberg’s private practice also
included domestic and international arbitration within these practice areas. His clients included
Stanford University, Hewlett Packard, Itel , Microsoft, Allianz, Control Data, Tandem Computers,
National Football League, Peat Marwick, Smith Corona, Raytheon, an agency of the Philippine
Government, and Digital Equipment. He was perennially listed in the Best Lawyers in America


                             Hon. James P. Kleinberg (Ret.) | JAMS Neutral | General Biography
                                                    www.jamsadr.com
                                                       Page 1 of 7
publication.
Judge Kleinberg appeared in Superior and Federal Courts throughout California, and state and
federal courts in Texas, Minnesota, Georgia, New Jersey, Pennsylvania, North Carolina, Wisconsin,
Ohio, and Virginia. He argued appeals in the First and Sixth Districts, California Court of Appeal and
U.S. Court of Appeals for the Ninth Circuit. Additionally, he argued before the Securities and
Exchange Commission in Washington, D.C. and handled matters in the Philippines, Hong Kong,
Taiwan, Canada, Germany and Italy.
After appointment to the Santa Clara Superior Court in 2002 Judge Kleinberg continued his work on
complex civil cases while on the bench, acting as settlement judge in dozens of cases. In his final
three years on the bench he was appointed to be one of 20 Superior Court judges in California (out
of 2,000) managing the Complex Civil Litigation Program in Santa Clara County. Prior to that
assignment he was supervising judge of the court’s civil division, as well as presiding over jury and
court trials and discovery issues. On the Superior Court he served as an Executive Committee
member and chair of the Technology Services Committee. As a lawyer he was one of the founders
of the Early Neutral Evaluation program for the U.S. District Court, Northern District of California. He
was President of the Ninth Circuit Historical Society, and President of the Ingram Inn of Court. He
was named the 2014 “Judge of the Year” by the Santa Clara County Trial Lawyers Association, and
he received the 2013 “Outstanding Jurist” award from the Santa Clara County Bar Association. In
2015, he was named the first Co-Ombudsperson for the U.S. District Court, Northern District of
California and continues in that role.
ADR Experience and Qualifications
     Appointed Co-Ombudsperson for U.S. District Court, Northern District of California (2014 –
     present)
     Serves as an Advisor to the Federal Judical Center's Trade Secret Case Mangement Judicical
     Guide (2023)
     Settled and arbitrated hundreds of cases as a neutral at JAMS
     Acted as settlement judge in numerous complex cases in the Santa Clara County Superior
     Court
     Over 33 years of private practice experience in complex civil litigation, including cases in state,
     federal, and appeals courts
     Early Neutral Evaluator, United States District Court, Northern District, California
     Instructor in mediation techniques for Santa Clara County Superior Court

Representative Matters handled as a Neutral at JAMS
Business/Commercial

     Arbitrated breach of contract – corporate acquisition
     Arbitrated personal services contract
     Handled arbitration involving hotel management contract
     Arbitrated installment equipment sale
     Handled arbitration involving corporate spinoff
     Arbitrated billing services agreement
     Arbitrated business property dispute regarding sublease
     Mediated corporate officer dispute regarding stock options
     Mediated contract dispute between city employee and city government
     Mediated contract dispute between two billion-dollar high-tech companies


                              Hon. James P. Kleinberg (Ret.) | JAMS Neutral | General Biography
                                                     www.jamsadr.com
                                                        Page 2 of 7
     Assigned by Superior Court, San Mateo County to be arbitrator in business dispute that
     involves proprietary information
     Mediator in multi-party and multi-jurisdiction (State Courts in California, Federal Court in
     California, Chancery Court in Delaware) shareholder derivative cases against Alfabet/Google

Construction

     Handled arbitration involving construction defects
     Resolved construction defect case in mediation

Employment

     Arbitrated Fair Employment Housing Act claims
     Arbitrated employment claim involving terminated executive of professional sports team
     Mediated employee compensation claim vs. large public company

Intellectual Property

     Handled arbitration regarding assignment of trademarks
     Arbitrated asset purchase agreement with intellectual property issues
     Mediated trade secrets dispute between two high-tech companies

Healthcare

     Mediated conflict between senior physician and medical group
     Assigned by Superior Court, San Francisco, to act as referee and suggest fee allocation to
     counsel in Sutter Health litigation

Insurance

     Mediated attorneys’ fees claim vs. insurance carrier

Securities

     Mediated shareholder derivative litigation vs, public companies
     Mediated corporate officer dispute regarding stock options

Special appointments and assignments through JAMS

     Presided over mock trials and motion hearings
     Served as discovery master in a complex civil case, Superior Court
     Made recommendations to San Francisco Superior Court regarding the pretrial sealing of
     thousands of documents in large class action
     Made recommendations regarding award of Attorneys’ fees in large class action, U.S. District
     Court

Representative matters handled as a lawyer
Antitrust



                            Hon. James P. Kleinberg (Ret.) | JAMS Neutral | General Biography
                                                   www.jamsadr.com
                                                      Page 3 of 7
     As Trial Attorney with the U.S. Department of Justice, handled federal grand jury proceedings
     in Utah and appeared in U.S. District Court, Northern District of California
     Imperial Bank v. Comdata, United States District Court Northern District, California
     Industry-wide cases involving workers’ compensation insurance with alleged price-fixing,
     federal court in Minnesota; represented four carriers to obtain summary judgment against other
     insurers for share of settlement payments

Insurance

     Represented major European insurance companies in disputes over pre-World War II Policies;
     participated in obtaining global settlements and dismissals of actions
     Dollinger DeAnza Associates v. Chicago Title – 6th DCA (2011) – Affirmed decision granting
     summary judgment that title insurance policy did not provide coverage

Intellectual Property

     Network Caching v. Akamai Technologies, United States District Court, Northern District,
     California (internet technology)
     Business Objects v. Cognos Corporation, United States District Court, Northern District,
     California (database software – patent)
     Amazon.com v. Barnes & Noble, United States District Court, Western District, Washington
     (business methods – patent)
     Hartford House v. Microsoft Corporation, Santa Clara County Superior Court (junk mail filters
     on the internet)
     Nufert v. Metabolex Corporation, Alameda County Superior Court (trade secrets –
     biotechnology) TMP Interactive, (Monster.com) and Excite@Home (mediation and arbitration
     regarding internet sites) Food.com and AOL (advice regarding internet sites)
     Insyst, Ltd. V. Applied Materials, Inc. – 6th DCA (2012) – Affirmed decision granting summary
     judgment for Defendant in trade secrets case

Securities and Business

     Merrill Lynch Brokerage NASD Arbitrations
     In re Hybrid Securities Class Action Litigation,United States District Court, Northern District,
     California (represented former director)
     Oakland Raiders v. National Football League, Santa Clara County Superior Court (derivative
     claims re: corporation management – summary judgment granted – affirmed on appeal)
     Pensoft v. EO and AT&T, Santa Clara County Superior Court (corporation acquisition – settled
     after four weeks of jury trial)
     Leyte-Vidal v. Semel – 6th DCA (2013) – Shareholder derivative action vs. officers and
     directors of Yahoo! Dismissal pursuant to Delaware law pursuant to demand futility doctrine
     affirmed
     Kelley v. Rambus – 6th DCA (2012) – Affirmed decision in securities fraud case that claims
     were barred by res judicata (dismissal of parallel federal court action)
     Itel Corporation – USDC, N.D. CA – representation of outside directors in securities class
     action

Matters handled as a Judge


                             Hon. James P. Kleinberg (Ret.) | JAMS Neutral | General Biography
                                                    www.jamsadr.com
                                                       Page 4 of 7
Business/Commercial

     Hewlett Packard v. Oracle (2013) – contract dispute re: SLAPP issues resulting in billion dollar
     award upheld on appeal
     Optimal Markets v. Salant – 6th DCA (2013) – Affirmed order that denied sanctions arising out
     of arbitration (award also confirmed)
     Depalma v. Jeans – 6th DCA (2011) – Affirmed grant of summary judgment in favor of brokers
     in real estate transaction
     Walewski v. Williams – 6th DCA (2009) – Affirmed decision regarding award of attorneys’ fees
     pursuant to contract
     Garlock v. Stanley – 6th DCA (2009) – Affirmed decision regarding damages for failure to
     improve building
     California Housing v. KPMG (Peat Marwick), Santa Clara County Superior Court
     Vondjidis v. Hewlett Packard Company – 6th DCA (2014) Affirmed denial of class certification
     motion
     Nan Pao v. Sybase

Class Action

     Avidor v. Sutter’s Place – 6th DCA (2013) – Affirmed decision (at close of Plaintiff’s case) in
     class action; found San Jose card room not in violation of law by withholding portion of
     gratuities received by dealers to be distributed to other employees
     Fireside Bank Cases – 6th DCA (2010) – Affirmed decision dismissing class actions against
     lender

Product Liability

     People of State of California v. Atlantic Richfield, et.al. (“lead paint litigation”) –(2013-2014) –
     Court trial finding in favor of Plaintiffs affirmed on appeal by the California Court of Appeal and
     Supreme Court, ultimate multi-million dollar settlement

Employment

     Onkvisit v. California State University – 6th DCA (2012) – Affirmed grant of summary judgment
     for Defendant in case by professor who claimed illegal demotion because he was a
     whistleblower
     Reinhard v. Home Depot – 6th DCA (2010) – Affirmed decision granting summary judgment in
     disability/discrimination case
     Spielbauer v. County of Santa Clara – California Supreme Court (2007) – Affirming decision
     regarding denying writ of mandate re: termination of employment
     Valderrama v. Santa Clara County Personnel Board – 6th DCA (2009) – Affirmed decision
     regarding termination of airport employee


Honors, Memberships, and Professional
Activities
Honors, Memberships and Leadership positions




                              Hon. James P. Kleinberg (Ret.) | JAMS Neutral | General Biography
                                                     www.jamsadr.com
                                                        Page 5 of 7
    Appointed Co-Ombudsperson for U.S. District Court, Northern District of California, 2014 -
    present
    Advisor, Trade Secret Case Management Judicial Guide, Federal Judicial Center, 2023
    Judicial Advisor, Sedona Conference, Trade Secrets Working Group, 2021
    Member, California Lawyers Assocaition International Law Section, 2020
    Advisor, California Lawyers Association International Law Section, 2020
     Vice-Chair, American Bar Association International Law Section, International Litigation
    Committee, FY2020-21 Steering Group
    Member, Board of Directors, Association of Business Trial Lawyers, Northern California
    Chapter
    Vice Chair, Policy Subcommittee, American Bar Association International Litigation Committee,
    2018-2019 Appointed Co-Ombudsperson for U.S. District Court, Northern District of California,
    2014 - present
    Named “Judge of the Year,” Santa Clara County Trial Lawyers Association, 2014 Awarded,
    “Outstanding Jurist,” Santa Clara County Bar Association, 2013
    Member and Advisor, Executive Committee, Litigation Section, State Bar of California, 2000-
    2012
    Listed, “Best Lawyers in America: Business Litigation,” Silicon Valley and San Francisco, CA,
    1987-2002
    Award of Merit, Bar Association of San Francisco, 1976
    Holton Teaching Fellow, Haas School of Business, University of California, Berkeley
    Former President, Ninth Judicial Circuit Historical Society
    Former President and current Board Member, Hon. William A. Ingram Inn of Court
    Board Member, Silicon Valley Campaign for Legal Services
    Member, U.S. Magistrate Judge Merit Selection Panel
    Chair, Litigation Section, State Bar of California

ADR Profile

    "Reality Check," Daily Journal, ADR Profile, June 12, 2015

Educational Speaking Events

    Panelist, "Shareholder and Corporate Disputes," California Continuing Education of the Bar,
    2023
    Panelist, "Litigation Boot Camp," Pincus Educational Program, 2020
    Panelist, Judicial Roundtable on Trade Secrets Litigation, Sedona Conference, 2020
    Annual panelist, Practicing Law Institute, San Francisco and New York
    Frequent panelist for Sedona Conference on Trade Secrets Issues
    Frequent panelist for Pincus Professional Education


Background and Education
    Judge, Superior Court of California, Santa Clara County, 2002-2014
    Partner, McCutchen, Doyle, Brown & Enersen (subsequently Bingham McCutchen), 1983-
    2002
    Associate and Partner (and managing partner), Petty, Andrews, Tufts & Jackson (later
    Jackson, Tufts, Cole & Black), 1969-1983


                           Hon. James P. Kleinberg (Ret.) | JAMS Neutral | General Biography
                                                  www.jamsadr.com
                                                     Page 6 of 7
     Trial Attorney, U.S. Department of Justice, Antitrust Division, 1967-1968
     J.D., University of Michigan, 1967
     B.A., University of Pittsburgh, 1964




Disclaimer
This page is for general information purposes. JAMS makes no representations or warranties
regarding its accuracy or completeness. Interested persons should conduct their own research
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research of JAMS neutrals. See More




                            Hon. James P. Kleinberg (Ret.) | JAMS Neutral | General Biography
                                                   www.jamsadr.com
                                                      Page 7 of 7
                     1                                      PROOF OF SERVICE
                                               DNA CA, INC. v. Pacific Reserve Nursery, LLC, et al.
                     2                         Monterey Co. Superior Court Case No. 21CV002850

                     3   STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

                     4           I am employed in the County of Los Angeles, State of California. I am over the age of 18
                         and not a party to the within action; my business address is 555 South Flower Street, Forty-First
                     5   Floor, Los Angeles, California 90071.

                     6           On March 28, 2024, I served the foregoing document(s) described as: PLAINTIFF AND
                         CROSS-DEFENDANTS’ PROPOSED DISCOVERY REFEREES on interested parties in this
                     7   action as follows:

                     8                                  SEE ATTACHED SERVICE LIST

                     9                 (BY MAIL) I am “readily familiar” with the firm’s practice of collection and
                                        processing correspondence for mailing. Under that practice it would be deposited
                    10                  with the United States Postal Service on that same day with postage thereon fully
                    11                  prepaid at Los Angeles, California in the ordinary course of business. I am aware
                                        that on motion of the party served, service is presumed invalid if postal
                    12                  cancellation date or postage meter date is more than one day after date of deposit
                                        for mailing affidavit.
                    13

                    14                 (BY FEDERAL EXPRESS) I caused the aforementioned document to be placed
                                        in an envelope or package designated by Federal Express, with delivery fees fully
                                        paid and addressed as stated above.
                    15

                    16                 (BY EMAIL) I caused said document(s) to be sent via e-mail to the interested
                                        parties at the e-mail address as stated above.
                    17

                    18
                                       (PERSONAL SERVICE) I caused said document(s) listed above to be delivered
                                        the person(s) at the address(es) set forth below.
                    19
                                       (BY FACSIMILE) I caused said document(s) to be transmitted electronically to
                                        the interested parties at the facsimile numbers as above.
                    20

                    21            I declare under penalty of perjury under the laws of the State of California that the above
                         is true and correct.
                    22
                                Executed on March 28, 2024, at Los Angeles, California.
                    23

                    24

                    25
                                                                   Diana Cardenas
                    26

                    27

                    28
DOCUMENT PREPARED
ON RECYCLED PAPER
                                                                         -4-
                                              PLAINTIFF AND CROSS-DEFENDANTS’ PROPOSED DISCOVERY REFEREES
                     1                                       SERVICE LIST
                                             DNA CA, INC. v. Pacific Reserve Nursery, LLC, et al.
                     2                       Monterey Co. Superior Court Case No. 21CV002850

                     3   Gene J. Stonebarger, Esq.
                         STONEBARGER LAW, APC
                     4   101 Parkshore Dr., Suite 100
                     5   Folsom, CA 95630
                         Telephone: 916-235-7140
                     6   Email: gstonebarger@stonebargerlaw.com

                     7   Attorneys for Defendants
                         Pacific Reserve Nursery, Inc., Andy D'Amico, Brook Eagle, and
                     8   William "Billy" Tomlinson
                     9

                    10   VIA U.S. MAIL ONLY

                    11   GSN CONSULTING, LLC
                         22790 Fuji Lane
                    12
                         Salinas, California 93908
                    13
                         GSN CONSULTING, LLC
                    14   26364 Carmel Rancho Lane
                         Suite 201
                    15   Carmel, CA 93923
                    16   Defendant
                    17

                    18

                    19

                    20

                    21

                    22

                    23

                    24

                    25

                    26

                    27

                    28
DOCUMENT PREPARED
ON RECYCLED PAPER
                                                                      -5-
                                           PLAINTIFF AND CROSS-DEFENDANTS’ PROPOSED DISCOVERY REFEREES