On October 24, 2013 a
Party Statement
was filed
involving a dispute between
Copernicus Dynamics, Lp,
Fleming, Norman C.,
Geisler, Fred,
Roes 1-25, Inclusive,
Zischke, Gena,
Tedan Surgical Innovations, Llc, A Texas Limited Liability Company,
and
3Cor, Inc, A California Corporation,
3Cor Medical, Inc.,
Azucena, Kimberly,
Bass, Daniel,
Does 1 To 25,
Does 2 To 25,
Fishman, Daniel,
Glynn, Robert John, Jr,
Industry Of The Redwoods, Llc, A Nevada Llc,
Johnston, Terry,
Magnolia Group, Llp,
Mier, Rowena,
Rhausler, Inc.,
Rhausler, Inc., A California Corporation,
Sims, Katie, Certified Public Acc,
Tedan Surgical Innovations, Llc, A Texas Limited Liability Company,
for Complex Civil Unlimited
in the District Court of San Mateo County.
Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number. and address): FOR COURT USE ONLY
JEFFREY F. RYAN ISBN #129079)
'
LAW OFFICES OF JEFFREY F. RYAN, An Association of Attorneys
2000 Broadway Streetedwood City, California 94063
TELEPHONE NO.: (650) 922-2341 FAX NO,(Optiona1);
E MAIL ADDRESS (Optional): jeff@jeffreyryan|aw. com
Fred H
ATTORNEY FORIName) Geisler,Norman C. Fleming & Gena Zischke $AN MATFTT COUNTY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo OCT} 6 2017
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
CITY AND 2'P 000E?
Clerkofiuperior Court
Redwood City, California 94063
BRANCH NAME:
Writers:
PLAINTIFF/PETITIONER: Fred H. Geisler, et al.
DEFENDANT/RESPONDENT: Terry J. Johnston, et al. i '
(Check one):
CASE MANAGEMENT STATEMENT
UNLIMITED CASE
(Amount demanded
El LIMITED CASE
(Amount demanded is $25,000
CASE NUMBER?
17CIV02888 =
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exceeds $25,000)
Iuauiafieuew
or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 26, 2017 Time: 9:00 am.
Address of court (if different from the address above):
Dept: 21 Div.: Room: E Iuauiateis
I: Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. /
1. Party or parties (answer one):
a. This statement is submitted by party (name):
Fred H. Geisler, Norman C“ Fleming & Gena Zischke
b. l:l This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a.
b. l:
The complaint was filed on (date):6/28/17 (filing SAC
The cross-complaint, if any, was filed on (date):
next week)
3. Service (to be answered by plaintiffs and cross-complainants only)
b. l: All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
l:
The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why'not):
(2) C] have been served but have not appeared and have not been dismissed (specify names):
(3) Cl have had a default entered against them (specify names):
c.l:| 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 Ofcasem - complaint :1 cross-complaint (Describe, including causes of action):
Deceit/false promise; constructive fraud; breach of fiduciary duty; conversion of property; breach of contract;
breach of implied covenant of good faith and fair dealing; account negligence; minority shareholder oppression.
Page1of 6
Form Adopted tor Mandatory Use
Judicial Council of Calitomla
CASE MANAGEMENT STATEMENT Cal, Rules of Court,
rules 3720-3130
CM-IIO (Rev. July 1. 2011]
www.courtscagav
CM-11O
CASE‘NUMBER‘
_ PLAINTIFF/PETITIONER: Fred H. Geisler, et al.
17CIVO2888
DEFENDANT/RESPONDENT: Terry J. Johnston, et al.
4. b. Provide a brief statement of the case, including any damages.
(If personal injury damages are sought, specify the. injury and
estimated future medical expenses, lost
damages claimed, including medical expenses to date [indicate source and amount],
If equitable relief is sought, describe the nature of the relief.)
earnings to date, and estimated future lost earnings.
Fraud on shareholders by Terry Johnston with the help of all other defendants.
[:1 (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
requesting a jury trial):
a jury trialIt a nonjury trial. (If more than one party, provide the name of each party
Fred H. Geisler, Norman C. Fleming & Gena Zischke
6.
a.
b.
l:
Trial date
The trial has been set for (date):
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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
'a. days (specify number): 10 days
b. [:1 hours (short causes) (specify):
8. Trial representation (to be answered for each party)
a. Attorney:
[I]
The party or parties will be represented at trial :1
by the attorney or party listed in the caption by the following:
b Firm:
0 Address:
d. Telephone number: f. Fax number:
e E-mail address: 9. Party represented:
13 Additional representation is described in Attachment 8.
9. Preference
E] 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 has [:1 has not provided the ADR information package identified
to the client and reviewed ADR options with the client.
in rule 3.221
(2) El
For self-represented parties: Party has 1:] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration Or civil action mediation (if available).
(1) 1:] This'matteris sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 .or to civil action
mediation‘unde‘r ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) (:1 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) I: This case is exempt from judicial arbitration under rule 3.811
of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110[Rev. July 1.2011) PageZots
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONERZ CASE NUMBER:
Fred H. GeisIer, et at.
DEFENDANT/RESPONDENT: 17CIV02888
Terry J, Johnston, 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 ADRindicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply):
stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
Mediation
(1 ) DUDE
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference DUDE
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
DDDUDDDD
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private DUDE! Private arbitration scheduled for (date):
arbitration
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):
(EM-110 (Rev. July 1. 2011}
Page 3 of
5
CASE MANAGEMENT STATEMENT
‘
PLAINTIFF/PETITIONER: CASENUMBER
Fred H. Geisier, et at.
17CIV02888
DEFENDANT/RESPONDENT: Terry J. Johnston, et at.
11. Insurance
a. [:1 Insurance carrier. if any, for party filing this statement (name):
b. Reservation of‘rights:Cl Yes [:1 No
c. l:] 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.
[:1 Bankruptcy D Other (special):
Status:
13. Related cases, consolidation, and'coordination
a. C] There are companion, underlying, or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4)Status:
l:l Additional cases are described in Attachment 133.
b. 1:} A motion to [:I consolidate l:] coordinate will be filed by (name party):
14.Bifurcation
{:1 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
1:] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues);
16. Discovery
a. 1:] The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Pam Description Date
Multiple depositions to take TBD
Written discovery - requests for documents;
form interrogatories;special interrogatories;
request for admissions, etc.
c. [:1 The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated(specify):
(SM-110 [Rev. July 1. 2011]
CASE MANAGEMENT STATEMENT Page 4 ol 5
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Fred H. Geisler, et al.
_ 17C|V02888
DEFENDANT/RESPONDENT: Terry J- Johnston, 9‘ al.
17. Economic litigation
a.:1 ofThis is a limited civil case (1.9., the' amount demanded is $25,000 or less) and the economic litigation procedures in Code
Civil Procedure sections 90-98 will apply to this case
b,[:1 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, exp/ainspecifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
:1 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.Cl 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):
Iplan to reach out to all defense counsel on Monday, October 16, 2017.
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):
l 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: October 13, 2017
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Jeffrey F - Ryan
(TYPE OR PRINT NAME) /x“;
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(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
1:] Additional signatures are attached.
Chi-110 (Rev. July1,2011]
CASE MANAGEMENT STATEMENT PageSofs
PROOF OF SERVICE
I am employed in the County of San Mateo, California. I, the undersigned, declare that I am over
the age of 18 years and not a party to this action. My business address is 2000 Broadway Street, Redwood
#UJ
City, California 94063. On October 13, 2017, I served the attached document(s):
CASE MANAGEMENT STATEMENT
Person(s) Served:
James L. Jacobs, Esq.
\OOO\IO\UI
Cynthia P. Smith, Esq.
Ronald Katz, Esq. Coombs & Dunlap, LLP
Tina Ernst, Esq. 1312 Oak Avenue
GCA LAW PARTNERS LLP St. Helena, CA 94574
2570 W. El Camino Real, Suite #400
Mountain View, CA 94040
10
Attorneys for Terry J. Johnston Attorneys for Rhausler, Inc.
11
Robert M. Bodzin, Esq. Farley J. Neuman, Esq.
12 Burnham Brown Tom Prountzos, Esq.
‘
1901 Harrison Street, 14th Floor GOODMAN NEUMAN HAMILTON LLP
13 Oakland, CA 94612 417 Montgomery Street, 10th Floor
San Francisco, CA 94104
14
Attorneys for TeDan Surgical Innovations Attorneys for Katie Sims, CPA
15,
Robert John Glenn, Jr., Esq.
16 73 Castlewood Drive
Pleasanton, CA 94566
17
18 X By United States mail: I enclosed the documents in a sealed envelope or package addressed to
the persons at the addresses above and caused such envelope with postage thereon fully prepaid
19 to be placed in the United States Mail this day at Redwood City, California.
20
I declare under penalty of perjury under the laws of the State of California that the foregoing is
21
true and correct. Executed on October 13, 2017 at Redwood City, California.
22
23
24
011/241
Jim néfia
/ I/flJAA
25
26'
27
28
PROOF OF SERVICE